BNS Section 192 – Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed
The Indian Penal Code (IPC) Section – 153
Wantonly Giving Provocation with Intent to Cause Riot
Introduction
Under Section 190 of the Bharatiya Nyay Sanhita (BNS), the law penalizes individuals who provoke others with the intent to cause a riot. This provision aims to maintain public order by holding instigators accountable for their actions, whether or not a riot actually occurs. Let’s break it down in simple terms.
What is the Offence?
The law targets individuals who:
- Provoke others by doing something illegal, either malignantly (with ill intent) or wantonly (recklessly).
- Intend or know that their provocation is likely to cause a riot.
A riot is defined as the unlawful assembly of five or more persons who commit a violent act in furtherance of their common objective.
Key Elements of the Offence
| Aspect | Details |
|---|---|
| Provocation | An action or behavior that instigates others, especially leading to violence or illegal acts. |
| Intent to Cause Riot | The provocation must be done with the intention of causing a riot or with the knowledge that it is likely to lead to a riot. |
| Illegal Acts | The provocation must involve an illegal act, such as destroying property or making inflammatory speeches. |
| Malignant and Wanton Acts | – Malignant: Actions done with deliberate ill-will or harm. – Wanton: Actions done recklessly, without regard for the consequences. |
Punishment
| Scenario | Punishment |
|---|---|
| If Riot is Committed | – Imprisonment up to 1 year, or – Fine, or – Both. |
| If Riot is Not Committed | – Imprisonment up to 6 months, or – Fine, or – Both. |
Type of Offence
| Aspect | Details |
|---|---|
| Cognizable/Non-cognizable | Cognizable: Police can arrest without a warrant. |
| Bailable/Non-bailable | Bailable: The accused can claim bail as a right. |
| Court | The case will be tried by any Magistrate. |
Purpose of the Law
- Maintain Public Order: To prevent individuals from inciting violence or riots through provocative actions.
- Hold Instigators Accountable: To punish those who provoke riots, even if they do not personally participate in the violence.
- Deter Reckless Behavior: To discourage reckless or malicious acts that could disrupt public peace.
Examples of Offences
- Inflammatory Speeches: Making speeches that incite violence or hatred among groups.
- Destruction of Property: Illegally destroying property to provoke others into rioting.
- Spreading False Information: Deliberately spreading false rumors to incite violence.
Responsibility for Consequences
Even if the person who provoked the riot does not participate in the violence, they are still held responsible for their actions that led to the riot.
Conclusion
This law ensures that individuals who provoke riots are held accountable, whether or not a riot actually occurs. By penalizing such behavior, it aims to maintain public order and prevent violence.
Summary Table
| Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
|---|---|---|---|---|
| Wantonly giving provocation with intent to cause riot, if rioting is committed | Up to 1 year imprisonment, fine, or both | Cognizable | Bailable | Any Magistrate |
| Wantonly giving provocation with intent to cause riot, if rioting is not committed | Up to 6 months imprisonment, fine, or both | Cognizable | Bailable | Any Magistrate |
