149 BNS

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Introduction of Section 149 BNS

BNS Section 149 focuses on the serious offence of preparing to wage war against the Government of India. This section applies to anyone who gathers weapons, ammunition, or recruits people with the intent to start or be ready for war against the nation. Even if the war does not actually take place, the act of preparing is considered a crime. The section aims to protect the sovereignty and security of the country by punishing those involved in such conspiracies with life imprisonment or up to 10 years of imprisonment and a fine.

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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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BNS 149 in Simple Points

1. Intention to Wage War:
   BNS Section 149 targets individuals or groups who are preparing to wage war against the Government of India. It criminalizes the intention to wage war, which includes the collection of arms, ammunition, or mobilizing people for this purpose.
2. Punishable Actions Without War:
   This section applies even if no actual war takes place. Simply gathering resources (arms, ammunition, or people) with the intention of starting a war is enough to be charged.
3. Severe Punishment:
   Those convicted under BNS Section 149 face life imprisonment or imprisonment for up to 10 years. In addition to imprisonment, they may also be subject to fines as determined by the court.
4. Non-Bailable and Cognizable:
   The offense is non-bailable, meaning the accused does not have the automatic right to bail. It is also a cognizable offense, so the police can arrest the person without a warrant if they have evidence of the crime.
5. Tried in a Court of Session:
   Cases under BNS Section 149 are triable by a Court of Session, which handles serious criminal cases. The offense is also non-compoundable, meaning it cannot be settled outside of court.

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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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Bharatiya Nyaya Sanhita Section 149

Offense	Definition	Punishment	Bailable	Cognizable	Trial Court
Collecting arms, ammunition, or organizing men with the intent to wage war	Preparing to wage war against the Government of India through the collection of arms or organizing people	Life imprisonment or imprisonment for up to 10 years and fine	Non-bailable	Cognizable	Court of Session

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BNS Section 149 FAQs

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