Bharatiya Nyaya Sanhita, 2023

BNS Section 149

Collecting arms, etc., with intention of waging war against Government of India

In one line

BNS Section 149 deals with collecting arms, etc., with intention of waging war against government of india and replaces IPC 122.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
149Collecting arms, etc., with the intention of waging war against the Government of India.Imprisonment for life, or imprisonment for 10 years and fine.Cognizable.Non-bailable.Court of Session.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 149

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

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.

Frequently asked

What was BNS Section 149 in the IPC?

BNS Section 149 (Collecting arms, etc., with intention of waging war against Government of India) replaces Section 122 of the Indian Penal Code, 1860. IPC 122 is now BNS 149.

What is the punishment under BNS 149?

Collecting arms, etc., with the intention of waging war against the Government of India – punishable with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.

Is BNS 149 bailable?

Non-bailable: BNS 149. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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