● Retained in BNS
Collecting men, arms or ammunition, or otherwise preparing to wage war against the Government of India, carries life imprisonment or up to 10 years plus fine under BNS Section 149, unchanged from IPC 122.
Section 122 IPC punished collecting men, arms or ammunition, or otherwise preparing to wage war, with the intention of waging or being prepared to wage war against the Government of India, with imprisonment for life or up to 10 years, and fine.
BNS Section 149 reproduces the offence verbatim, word for word, apart from dropping the article before "Government of India."
Nothing substantive -- a pure renumbering from IPC 122 to BNS 149.
Imprisonment for life, or imprisonment of either description up to 10 years, and fine..
IPC 122 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 122 are tried before the Court of Session..
Common defences include absence of the specific intent to wage or prepare to wage war against the state, and that any collected items were for a lawful purpose unconnected to insurrection.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons