IPC Section 146 - Rioting: Definition and BNS Section 191
Section 146 of the Indian Penal Code, 1860 defined rioting. For offences committed from 1 July 2024, the corresponding definition is found in Section 191(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Section 146 IPC - Definition of rioting
The original statutory text of Section 146 IPC provided:
Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.
Corresponding current provision: Section 191(1) BNS substantially retains this definition. It concerns the use of force or violence by an unlawful assembly, or a member of it, to further the assembly's common object.
Essential ingredients of rioting
- Unlawful assembly: An assembly of five or more persons meeting the conditions of Section 141 IPC (historically) or Section 189(1) BNS (currently), including a qualifying unlawful common object.
- Force or violence: Force or violence must be used by the assembly or any of its members.
- Connection to common object: The force or violence must be in prosecution of the assembly's common object.
- Membership: Liability for rioting extends to members of that unlawful assembly when the statutory conditions are met. Membership and the common object must be assessed from the evidence; mere presence at a scene is not automatically sufficient.
Punishment for rioting under the IPC and BNS
| Provision | Subject | Maximum punishment |
|---|---|---|
| IPC Section 146 | Definition of rioting | No separate punishment in this section |
| IPC Section 147 | Punishment for rioting | Two years' imprisonment, fine, or both |
| IPC Section 148 | Rioting armed with a deadly weapon | Three years' imprisonment, fine, or both |
| BNS Section 191(1) | Definition of rioting | No separate punishment in this subsection |
| BNS Section 191(2) | Punishment for rioting | Two years' imprisonment, fine, or both |
| BNS Section 191(3) | Rioting armed with a deadly weapon | Five years' imprisonment, fine, or both |
The relevant provisions permit imprisonment of either description. Other offences may also apply depending on the acts committed. Procedural classification and bail are governed by the applicable criminal procedure law and its schedules.
Practical examples and legal distinctions
Example: Six persons gather with the common object of forcibly taking possession of property. If a member uses violence to advance that common object, the requirements of rioting may be met in relation to the unlawful assembly, subject to proof of the relevant facts.
Peaceful gathering: A lawful peaceful demonstration does not become rioting merely because several people assemble. The legal requirements of unlawful assembly, force or violence, and the connection to the common object must be considered.
Difference between unlawful assembly and rioting: Section 189 BNS addresses unlawful assembly and associated offences. Section 191(1) BNS adds the requirement that force or violence is used in prosecution of the common object.
IPC Section 146 - Important case law citations
The following historical case references were included in the original article and are retained for research. Citations and their relevance should be independently checked against authoritative law reports before reliance in litigation.
- Per Plowden, J., in Rasul, (1889) P.R. No. 4
- R. V. Sharp (1957) 1 All ER 577
- Ghani Khan 46 IC (Oudh) 844
- Samaruddin (1912) 40 Cal 367
- Ramadeen Doorbay (1876) 26 WR (Cr) 6
- Parameshwar Singh (1899) 4 CWN 345
- Clifford v. Brandon 2 Camp 358
- Mazhur Hassein 5 NWPHCR 208
- In re Arulanandu AIR 1952 Mad 267
- Raghunath Rai (1892) 15 All 22
- Jairam Mahton (1907) 35 Cal 103
- Deodhari Koeri v. Emperor AIR 1937 Pat 34
- State of UP v. Dan Singh 1997 Cr. L.J. 1150 (SC)
Frequently asked questions
Is IPC Section 146 still in force?
For offences occurring on or after 1 July 2024, the corresponding definition of rioting is in Section 191(1) of the Bharatiya Nyaya Sanhita, 2023. The IPC may remain relevant to offences committed before that date, subject to applicable savings provisions.
Is every unlawful assembly a riot?
No. Rioting additionally requires force or violence by the unlawful assembly or any member in prosecution of its common object.
What is the punishment for rioting?
Under BNS Section 191(2), imprisonment of either description up to two years, or fine, or both. Rioting while armed with a deadly weapon is covered by Section 191(3), with imprisonment up to five years, or fine, or both.
Official statutes and legal resources
- Bharatiya Nyaya Sanhita, 2023 - India Code (see Sections 189 and 191).
- India Code official legislation portal (search the Indian Penal Code, 1860, and Bharatiya Nagarik Suraksha Sanhita, 2023).
- Gazette of India (commencement notifications and official publications).
- Supreme Court of India (judgments and court resources).
This article provides general legal information, not case-specific legal advice. Updated 29 October 2026.