BNS Section 149

Section 149 of the Indian Penal Code (IPC), which is now covered under Section 111 of the Bharatiya Nyaya Sanhita (BNS), addresses the concept of joint liability for offences committed by members of an unlawful assembly.
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.

BNS-149: Collecting Arms, etc., with Intention of Waging War Against the Government of India

Key Points
 

1. Waging War:
    

   • The term refers to the act of using violence or preparing to use violence in an attempt to overthrow or challenge the Government of India. It involves large-scale rebellion or organized armed resistance.
      

2. Collection of Men, Arms, or Ammunition:
    

   • Collecting arms refers to gathering weapons, ammunition, or recruiting individuals with the intent to either wage or be ready to wage war against the Government of India. This includes preparation for any hostile acts against the state.
      

3. Punishment:
    

   • The law imposes severe punishment for such activities. Individuals found guilty can face life imprisonment or imprisonment of up to ten years. Additionally, they may also be subject to a fine.
      

4. Intent:
    

   • Intention plays a crucial role in this section. The offense is complete even if actual violence does not occur, as long as preparations are made with the clear intention of waging war.
      

5. Criminalizing Preparation:
    

   • This section penalizes not just the act of waging war but also the preparation for it, making it a preventive measure to deter potential attacks against the government.

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