BNS Section 149: Collecting Arms, etc., With the Intention Of Waging War Against The Government Of India.
Section 149 of BNS is part of Chapter 7 - Offences against the state in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of collecting arms, ammunition, or other materials with the intention of waging war against the Government of India. This provision is crucial in preventing and combating actions that threaten national security and public order.
Definition of BNS Section 149
Section 149 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 149
This provision targets persons preparing to wage war against the government, though they haven't yet waged the war itself. This law subjects persons who prepare resources; examples include man power, arms, or ammunition or otherwise make other preparations preparing for the purpose of utilising force against the state. Preparing to wage war is considered a serious crime as it puts the security of the nation directly at risk.
Example:
Imagine a group of people starts secretly gathering arms, recruiting fighters, and conducting military-style training exercises to begin a war against the Government of India. Even if they haven't fought or committed any direct actions yet, their preparation to wage war makes them liable under Section 149. They could be subjected to life imprisonment, or up to 10 years in prison along with a fine because the law punishes intent and preparation for such hostile acts, not only the act of war itself.
Key Points in Section 149
Section 149 of the BNS 2023 addresses the offense of preparing to wage war against the Government of India, including the collection of men, arms, or ammunition. Here is an outline of the same:
- This term refers to the act of using or preparing to use violence with the goal of overthrowing or challenging the Government of India. It involves large-scale rebellion or organised armed resistance
- Collecting arms involves gathering weapons, ammunition, or recruiting individuals with the intent to either wage or be prepared to wage war against the Government of India. This encompasses any preparations for hostile actions against the state
- Such activities are strictly punishable under the law. The convicts may receive a life term or imprisonment up to ten years along with the fine
- It is the intention which makes all the difference in this section. This offense is deemed complete even though actual violence is not committed as long as there is preparation for war with a clear intention of waging war
- This section penalises not only the act of waging war but also the preparation for it, which acts as a preventive measure to deter potential attacks on the government.
Differences Between Section 149 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 149 of BNS and its equivalent IPC section 122 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 149 | Collecting arms, etc., with intention of waging war against the Government of India. | 122 | No change. |
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FAQs about Section 149 of the Bharatiya Nyaya Sanhita (BNS)
Can a person be charged under Section 149 without committing any violent act?
Yes, individuals can be charged based on preparations to wage war, even if no violent action occurs
Are there any defenses available under Section 149?
Defenses may include proving that the intent to wage war was not present, but the burden of proof lies with the accused
What is the role of the police in enforcing Section 149?
Since the offense is cognizable, police can arrest the accused without a warrant, based on reasonable suspicion of preparation to wage war
Does Section 149 only apply to physical actions like collecting arms?
No, it also includes preparing or intending to prepare for war, even if it involves non-physical acts such as recruitment
How does Section 149 relate to national security?
Section 149 is designed to protect national security by criminalizing activities that threaten the sovereignty and integrity of the nation
What happens if the accused under Section 149 is found guilty?
A guilty verdict can lead to life imprisonment, imprisonment for up to ten years, and a fine
Is there a provision for reducing the punishment under Section 149?
The law does not specify provisions for reducing punishment; however, mitigation might occur based on judicial discretion during sentencing
