Section 122

This provision was part of the original Indian Penal Code of 1860, drafted under British colonial rule partly to suppress armed rebellions and uprisings against the colonial state, echoing concerns after events like the 1857 revolt. After independence, 'Government of India' was reinterpreted to mean the constitutional government of independent India, and the provision continues to serve as a preparatory offence—criminalizing the act of gathering resources for war before an actual attack occurs, allowing the state to intervene early.

Indian courts have generally held that Section 122 targets preparation and intent, not just the act of war itself, distinguishing it from Section 121 (actually waging war). Courts have emphasized that mere possession of arms without proof of intent to wage war against the government does not attract this section; the prosecution must show a clear link between the collection of arms/men and an intention to wage war against the State, as seen in cases dealing with insurgency and armed rebellion prosecutions.

• Myth: You must actually fight a battle against the government to be punished under this law.
  Fact: Courts have clarified that merely preparing—collecting arms, men, or ammunition—with the intention to wage war is enough; the war doesn't need to actually happen.
• Myth: Owning weapons alone is illegal under Section 122.
  Fact: Simply possessing arms isn't a crime under this section unless it's tied to a clear intention to wage war against the Government of India.