149 BNS : Collecting arms, etc., with intention of waging war against the Government of India.

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Introduction of Section 149 BNS

BNS 149 addresses the crime of preparing to wage war against the Government of India. It makes it unlawful to collect arms, ammunition, explosives, or organize groups of people with the intent of engaging in war against the State. Importantly, actual war is not necessary for this section to apply — the mere act of preparing or making arrangements is enough to attract punishment. The law provides for life imprisonment or up to 10 years’ imprisonment along with a fine, ensuring that threats to India’s sovereignty and security are curbed at the earliest stage.

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The Bharatiya Nyaya Sanhita (BNS) Section 149 replaces the old Indian Penal Code (IPC) Section 122.

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What is section 149 of BNS ?

BNS Section 149 defines the offense of collecting arms, ammunition, or gathering people with the intent of waging war against the Government of India. The section criminalizes the preparatory acts of waging war, regardless of whether the war is ultimately carried out. The punishment includes life imprisonment or imprisonment of up to 10 years, along with a fine. This section is designed to safeguard national security by punishing individuals who prepare to wage war against the government.

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Under Section 149 of the bns act 2023

Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation of Section 149

Section 149 criminalizes the act of preparing to wage war against the Government of India. Unlike Section 147 (waging war) and Section 148 (conspiracy), this provision focuses on the preparatory stage itself.

• Collection of Arms or Ammunition → Gathering weapons, explosives, or military supplies with the intent to fight the State is covered.
• Recruiting or Gathering Men → Mobilizing people or creating a group for rebellion also comes under this offense.
• Intention to Wage War → Even if no war actually happens, the intention and preparation are punishable.
• Punishment → Life imprisonment, or imprisonment up to 10 years, plus fine.
• Offense Classification:
  • Cognizable → Police can arrest without warrant.
  • Non-bailable → Bail is not a matter of right.
  • Non-compoundable → Cannot be privately settled.
  • Trial by Court of Session → Heard in higher courts due to severity.

Key Elements of Section 149

1. Preparation is Enough → No actual war or violence required; preparation itself is punishable.
2. Covers Arms & Men → Both gathering weapons and organizing people are criminalized.
3. Grave Punishment → Life imprisonment or 10 years + fine.
4. Intent is Key → The offender must have intended to wage war against India.
5. State Security Protection → Ensures early intervention before rebellion occurs.
6. Cognizable & Non-bailable → Strict enforcement by police and courts.
7. Court of Session Trial → Reflects seriousness of the offense.

Examples of BNS Section 149

Example 1 – Collecting Weapons:
A group stores rifles and explosives in secret with the plan to attack government installations.
Even before the attack, they can be charged under Section 149.

Example 2 – Recruiting Men for Rebellion:
An extremist leader gathers volunteers in a remote camp and trains them for armed revolt.
The preparation itself makes them guilty under Section 149, even if no violence occurs.

Why Section 149 is Important

• Prevents Rebellion at the Root → Stops war-like activities at the preparation stage.
• Supports National Security → Ensures India’s sovereignty remains protected.
• Acts as Deterrent → Life imprisonment makes people think twice before preparing for war.
• Fills a Legal Gap → Goes beyond conspiracy (Section 148) by targeting concrete preparations.

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Section 149 BNS Overview

BNS Section 149 deals with the crime of collecting weapons, ammunition, or gathering people with the intention of waging war against the Government of India. Even if no actual war happens, just preparing or planning for it is considered a serious crime. The punishment for this can be life imprisonment or imprisonment for up to 10 years, along with a fine.

Section 149 BNS Overview: 10 Key Points

1. Definition of Waging War:
   Waging war involves any action or organized effort to attack or overthrow the Government of India using violence or armed force. This includes preparations for such actions.
2. Collection of Arms and Ammunition:
   Gathering weapons, ammunition, explosives, or other tools that could be used in an armed conflict against the government is prohibited under this section.
3. Organizing and Recruiting:
   Recruiting, gathering, or organizing individuals to join a movement aimed at waging war against the government is also considered a crime under BNS Section 149.
4. Focus on Preparation:
   The key element of this section is preparation. Even if no actual war is waged or violence occurs, the act of preparing for war is enough to be charged with a crime.
5. Intent to Overthrow the Government:
   The law specifically targets people who intend to overthrow or harm the government through violent means. The intention is critical in determining guilt.
6. Life Imprisonment or Long-Term Punishment:
   Individuals convicted under BNS Section 149 can be sentenced to life imprisonment or imprisonment for a term of up to 10 years, depending on the severity of the crime.
7. Fine:
   In addition to imprisonment, the person convicted under this section can also be fined. The amount of the fine is determined by the court based on the circumstances of the case.
8. Non-Bailable Offense:
   This offense is non-bailable, meaning that the accused cannot automatically get bail and may have to remain in custody until the trial is complete.
9. Cognizable Offense:
   It is a cognizable offense, meaning that the police can arrest the individual without a warrant if they have reasonable evidence to believe that the person is preparing to wage war.
10. Trial in the Court of Session:
    Cases under BNS Section 149 are tried in the Court of Session, which handles serious criminal cases. This ensures that the matter is dealt with in a court capable of handling complex and severe crimes.

Examples of BNS Section 149

1. Example 1:
   A group of people starts collecting firearms and explosives with the goal of attacking the Indian government’s facilities. Even before they make any move or take any action, they are arrested and charged under BNS Section 149 for preparing to wage war against the state.
2. Example 2:
   A leader of an extremist organization gathers a large group of men and arms in a remote part of the country, with the intent of waging war against the government. Although no actual attack occurs, the preparation and intent alone lead to charges under Section 149.

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BNS 149 Punishment

1. Life Imprisonment or Up to 10 Years:
   The punishment for preparing to wage war against the Government of India includes life imprisonment or imprisonment for up to 10 years, depending on the severity of the case.
2. Fine:
   In addition to imprisonment, individuals convicted under this section are also subject to a fine, the amount of which is determined by the court.

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BNS 149 bailable or not ?

No, BNS Section 149 is a non-bailable offense, meaning the accused does not have the automatic right to bail and may remain in custody until trial.

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Comparison – BNS Section 149 vs IPC Section 122 (Old Law: Collecting Arms to Wage War)

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BNS Section 149 FAQs

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Conclusion

BNS Section 149 serves as a preventive legal shield for India’s security by criminalizing preparation for war. By punishing even the collection of arms or recruitment of people with the intent to fight against the Government, it ensures that potential rebellions and armed movements are stopped before they escalate. As a non-bailable, cognizable, and non-compoundable offense, it gives law enforcement the power to act quickly while ensuring that trials are handled by the Court of Session. This provision highlights the seriousness with which India treats acts that endanger national security, reinforcing the principle that planning for war is as dangerous as waging war itself.

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Finished with BNS 149 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• Section 150 BNS : Concealing with intent to facilitate design to wage war.
• https://marriagesolution.in/bns_section/section-150-bns/
• 151 BNS : Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.
• https://marriagesolution.in/bns_section/151-bns/
• Section 152 BNS : Acts endangering sovereignty unity and integrity of India.
• https://marriagesolution.in/bns_section/section-152-bns/
• BNS 153 : Waging war against Government of any foreign State at peace with the Government of India.
• https://marriagesolution.in/bns_section/bns-153/
• Section 154 BNS : Committing depredation on territories of foreign State at peace with the Government of India.
• https://marriagesolution.in/bns_section/section-154-bns/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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