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Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 122 to BNS 149.
2
Life or 10-year maximum preserved.
3
Intent to wage war must be specifically proved — not just illegal possession of weapons.
THE STATUTE
The Clause
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 imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Legal Commentary
Section 149 criminalises the preparatory acts of gathering arms, ammunition, or men for the purpose of rebellion — allowing state intervention before an uprising begins. The focus is on intent coupled with the physical act of collection or preparation. Mere possession of arms is addressed by the Arms Act; Section 149 requires that the possession is specifically for the purpose of waging war against India. This elevated purpose is what transforms an Arms Act violation into a constitutional-level offence. In modern enforcement, this provision is invoked when insurgent arms caches, IED manufacturing facilities, and terror training camps are discovered — situations where weapons are clearly intended for use against the state. The provision enables pre-emptive prosecution of insurgencies before they fully materialise.
Case Simulations
"Sourcing and stockpiling weapons for a planned armed rebellion — Section 149."
"Training cadres in remote jungle camps to launch coordinated attacks on state forces — Section 149."
Expert Insights
No. Illegal firearms possession without war-specific intent is covered under the Arms Act. Section 149 requires specific intent to wage war against India — the purpose distinguishes it from an Arms Act offence.