IPC 122 → BNS 149: Collecting Arms

Quick Summary: IPC 122 vs BNS 149

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 122 (Collecting Arms) sits among the IPC's offences against the State and the armed forces — the group the Bharatiya Nyaya Sanhita redrew more heavily than almost any other. Renumbered as BNS 149, the conduct is recast around the sovereignty, unity and integrity of India, with the colonial sedition offence replaced by a distinct provision targeting acts that endanger the nation, so collecting arms must now be read through the new framework rather than the repealed IPC 122.

What did IPC 122 cover?

IPC 122 dealt with collecting arms — collecting arms, etc., with intention of waging war against the government of india. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 149: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to collecting arms are filed under BNS Section 149, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 149

Same - Life or up to 10 years

Practical implications for advocates, police & citizens

• Advocates: Charges for collecting arms in this group are grave, typically non-bailable Sessions matters — confirm the required prior sanction and frame them under BNS 149 rather than the repealed IPC 122.
• Police officers: Route a collecting arms investigation through the prescribed sanctioning authority and cite BNS 149 in the FIR; procedure follows the BNSS.
• Law students & citizens: Because collecting arms in this group carries severe punishment, never rely on the old IPC 122 number when checking your position under the new law.