BACK TO SECTIONS(2005) 11 SCC 600
IPC 1860REPEALED
Section 122
Collecting arms with intention of waging war against the Government of India
Replaced by: BNS 149
Non-BailableCognizable: YesCourt of Session
THE STATUTE
Original Text
Whoever collects arms, 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... for a term not exceeding ten years, and shall also be liable to fine.
Simplified
Section 122 criminalises the preparatory acts of gathering arms, ammunition, or men for the purpose of rebellion — allowing state intervention before an uprising begins. The focus is on 'intent' coupled with the physical act of collection or preparation. Mere possession of arms is covered by the Arms Act; Section 122 requires that the possession is specifically for the purpose of waging war against India. This is what elevates a weapons cache from an Arms Act violation to a constitutional-level offence. Section 122 prosecutions often arise from discoveries of insurgent arms caches, IED manufacturing facilities, and terror training camps — situations where the weapons are clearly intended for use against the state.
Legal Evolution
Section 122 enables pre-emptive prosecution of insurgencies before they fully materialise — a critical counter-insurgency tool that allows law enforcement to act at the preparation stage.
Landmark Precedents
State (NCT of Delhi) v. Navjot Sandhu (2005)
RELEVANCE
Arms collected specifically to attack Parliament constituted preparation to wage war under Section 122.
Practical Scenarios
"Sourcing and stockpiling illegal weapons for a planned rebellion — Section 122."
"Recruiting and training armed cadres in a remote area to launch attacks on the state — Section 122."
Common Queries
No — possession must be specifically 'with the intention' of waging war against India. Normal illegal possession is covered under the Arms Act. Section 122 requires the war-specific intent.