BNS Section 191 – Rioting
The Indian Penal Code (IPC) Section – 146-148
Rioting
Rioting occurs when force or violence is used by an unlawful assembly or by its members in pursuit of the group’s common objective. This section defines rioting, identifies its key elements, and outlines the penalties for those found guilty of engaging in such unlawful actions.
Key Points
| Aspect | Explanation |
|---|---|
| Definition of Rioting | Rioting involves force or violence used by an unlawful assembly or any member to pursue the group’s common objective. |
| Unlawful Assembly | An unlawful assembly consists of three or more persons with a common purpose to use force, commit illegal acts, or cause public disturbance. |
| Guilt of Rioting | Every member of an unlawful assembly is guilty of rioting if force or violence is used to achieve the common goal. |
| Punishment for Rioting | – General Case: Imprisonment for up to 2 years, or fine, or both. |
| Armed Rioting | If members are armed with deadly weapons or objects likely to cause death, the punishment increases to up to 5 years imprisonment, or fine, or both. |
| Deadly Weapon | A deadly weapon is any item that, if used as an offensive weapon, can likely cause death or significant injury (e.g., firearms, knives). |
| Collective Responsibility | All members of an unlawful assembly are held accountable for the violence or force used, emphasizing the principle of collective responsibility. |
| Severity of Punishment | The punishment is more severe if deadly weapons are involved, acknowledging the greater danger posed by armed rioting. |
Punishment for the Offense
| Offense | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | By What Court Triable |
|---|---|---|---|---|
| Rioting (general) | Imprisonment for up to 2 years, fine, or both | Cognizable | Bailable | Any Magistrate |
| Rioting, armed with a deadly weapon | Imprisonment for up to 5 years, fine, or both | Cognizable | Bailable | Magistrate of the First Class |
Explanation of Rioting
- Unlawful Assembly:
- An unlawful assembly consists of three or more people who gather with a common unlawful goal, such as using force, violence, or committing illegal acts.
- Use of Force or Violence:
- The assembly becomes a riot when its members engage in forceful or violent actions to further their common objective, such as causing damage or harm to others or public property.
- Liability of All Members:
- Every person in the unlawful assembly is guilty of rioting, even if they did not personally commit the violent act, as long as it was done to pursue the common goal.
- Punishment:
- General rioting leads to imprisonment for up to two years, a fine, or both.
- Armed rioting is treated more seriously, especially if the rioters carry deadly weapons (firearms, knives, etc.), with punishment of up to five years imprisonment, a fine, or both.
- Collective Responsibility:
- Members of the assembly are held collectively responsible for any illegal acts that occur within the assembly, reflecting the principle of joint liability.
Example
Consider an example where Vijay and 30 other students are protesting after being barred from sitting for their examinations due to low attendance. In the protest, they destroy classrooms and physically assault the principal. Since the violence was part of the common objective of the assembly, Vijay and the other students are guilty of the offense of rioting, as they used force to further their collective aim.
Conclusion
Rioting involves the use of force or violence by an unlawful assembly in pursuit of a common illegal objective. All members of such an assembly are held collectively responsible for the violence, and the law distinguishes between general rioting and rioting involving deadly weapons, with the latter carrying a more severe punishment. This provision ensures that individuals cannot escape liability simply by being present in a riot, reinforcing the importance of collective accountability.
