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.
Simplified Explanation
Section 149 of the Bharatiya Nyaya Sanhita, 2023 addresses the offense of collecting arms, men, or ammunition with the intention to wage war against the Government of India. This section criminalizes the act of preparing for war, even before any actual hostilities take place, if the intention is to overthrow the government or disrupt its functioning through violence.
Key Provisions of Section 149
- Collecting Arms, Ammunition, and Men:
- The section makes it a crime for any individual or group to collect arms, ammunition, or gather men (i.e., recruit people) in preparation for waging war against the Government of India.
- The preparation to wage war is also included in this offense, indicating that even the act of arming oneself or organizing forces with the intent to fight the government is considered a serious offense under this law.
- Intention to Wage War:
- The core element of the offense is the intention to wage war, which means that the act of collecting weapons or organizing people must be done with the purpose of engaging in a war against the government.
- It is not necessary for any actual battle to occur or for the war to be initiated; the mere preparation with the intention to wage war is enough to invoke the penalties of this section.
- Punishment:
- Imprisonment for Life: The primary punishment for anyone found guilty of collecting arms, ammunition, or men with the intention to wage war is life imprisonment.
- Imprisonment up to 10 Years: Alternatively, the convicted person can be sentenced to imprisonment for a term up to 10 years.
- Fine: In addition to imprisonment, the person may also be liable to a fine.
- Scope of the Offense:
- The section does not require that the war be actually waged or that violence takes place. The law focuses on preparatory actions that could lead to war, such as the accumulation of weapons or the assembling of groups of people for the purpose of violence against the state.
- The law thus criminalizes the intent to wage war, even if it does not materialize into an actual conflict, in order to prevent potential threats to the sovereignty and stability of the government.
Purpose of the Law
- Preventing Insurrection and Rebellion:
- Section 149 seeks to prevent individuals or groups from preparing to rebel or revolt against the Government of India. The law acts as a deterrent by criminalizing the act of organizing resources and people for the purpose of armed conflict with the state.
- National Security:
- The section is aimed at protecting national security by making it a punishable offense to prepare for acts of violence or war against the state. By criminalizing the preparation phase, the law seeks to curb the threat of insurgencies, coups, or other forms of violent uprisings before they can pose a danger to public order or government authority.
- Dissuading Armed Rebellions:
- The law acts as a deterrent against anyone who may consider organizing or participating in a rebellion. The heavy penalties (life imprisonment or up to 10 years of imprisonment, along with fines) are intended to discourage such actions and to make people aware of the severe consequences of conspiring against the state.
Illustrations
- Example 1:
- A gathers a group of people and begins to accumulate arms and ammunition with the intention of overthrowing the Government of India. A is guilty under Section 149 for preparing to wage war against the government.
- Example 2:
- B recruits individuals to form a militia and collects weapons with the intent to use them to destabilize the government. Even if no fighting occurs, B has committed an offense under Section 149 by preparing to wage war.
Summary
Section 149 of the Bharatiya Nyaya Sanhita, 2023 addresses the serious crime of preparing for war against the Government of India. This includes the collection of arms, ammunition, and the recruitment of people for the purpose of waging war. It criminalizes even the intent to wage war, even before any actual combat or insurrection occurs. The law provides for life imprisonment, imprisonment of up to 10 years, and fines for those convicted. The purpose of this provision is to prevent armed rebellions, safeguard national security, and act as a deterrent against preparations for violent uprisings against the government.
