Indian criminal law | Public tranquillity

IPC Section 146: Rioting - Definition and BNS Section 191

Section 146 of the Indian Penal Code, 1860 defined rioting. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding definition is contained in Section 191(1). This guide explains the elements of rioting, the common object of an unlawful assembly and the applicable punishment provisions.

Current law: The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The IPC remains relevant to offences committed before its repeal, subject to applicable savings and transitional provisions. Section 146 IPC corresponds to Section 191(1) BNS.

What was Section 146 IPC?

Section 146 IPC defined rioting as the use of force or violence by an unlawful assembly, or by any of its members, in pursuit of that assembly's common object. When those conditions were satisfied, every member of that unlawful assembly was guilty of rioting. The provision defined the offence; punishment was separately prescribed under Section 147 IPC.

Section 191(1) BNS: Current definition of rioting

Section 191(1) of the Bharatiya Nyaya Sanhita retains the central rule: where force or violence is used by an unlawful assembly or any member in prosecution of its common object, every member of the assembly is guilty of rioting. The prosecution must establish the relevant elements, including membership and the common object, on the evidence.

Essential ingredients of rioting

Unlawful assembly: An assembly of five or more persons satisfying a prohibited common object under Section 189(1) BNS (formerly Section 141 IPC).
Common object: The group must share an object of the kind specified by law. It need not arise from a formal agreement and may be inferred from conduct and circumstances.
Force or violence: Force or violence must be used by the assembly or at least one member.
Connection with the common object: The force or violence must be used in prosecution of the assembly's common object.
Membership: The accused must be shown to have been a member of the unlawful assembly at the relevant time. Mere presence at the scene does not automatically establish guilt.

Punishment for rioting under BNS Section 191

Provision	Offence	Maximum punishment
Section 191(1)	Definition of rioting	Defines the offence; no separate sentence in this subsection
Section 191(2)	Rioting	Imprisonment of either description up to 2 years, or fine, or both
Section 191(3)	Rioting while armed with a deadly weapon or an object likely to cause death when used as a weapon	Imprisonment of either description up to 5 years, or fine, or both

Under the former IPC, Section 147 prescribed punishment for ordinary rioting and Section 148 addressed rioting while armed with a deadly weapon. The current BNS consolidates these provisions in Section 191.

How is unlawful assembly different from rioting?

An unlawful assembly may exist when five or more persons share one of the prohibited common objects specified in Section 189(1) BNS. Rioting adds a further requirement: force or violence must actually be used in prosecution of that common object. Consequently, an unlawful assembly does not necessarily amount to rioting.

Example

Suppose six persons assemble with a common object of forcibly dispossessing someone from land. During the attempt, one member uses violence to carry out that object. If the statutory conditions are proved, all members of the unlawful assembly may be liable for rioting under Section 191(1) BNS. Liability must still be assessed on the evidence concerning each person's membership and the assembly's common object.

Related provisions

Section 189 BNS: Unlawful assembly, including its definition and related penalties.
Section 190 BNS: Liability of members for offences committed in prosecution of the common object, or known to be likely in its prosecution.
Section 191(2) BNS: Punishment for rioting.
Section 191(3) BNS: Rioting while armed with a deadly weapon.

Frequently asked questions

Is IPC Section 146 still the current provision for rioting?

No. For offences governed by the BNS after its commencement, Section 191(1) contains the corresponding definition. IPC Section 146 remains important for earlier conduct and historical case law.

Can a person be liable for rioting without personally using violence?

Yes, potentially. The statute extends liability to members of the unlawful assembly where force or violence is used by a member in prosecution of the common object. Membership and the other statutory elements must be proved.

Is every gathering of five or more persons an unlawful assembly?

No. The group must have a common object falling within Section 189(1) BNS. A peaceful, lawful gathering is not unlawful merely because five or more persons attend.

Official legal references

Legal information only. The applicable law, offence classification and procedural requirements should be checked against the statute and facts of the particular case.