Indian Criminal Law | IPC and BNS
IPC Section 147: Punishment for Rioting - Current Law under BNS Section 191
Section 147 of the Indian Penal Code, 1860 prescribed punishment for rioting. For offences governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), the corresponding punishment is found in Section 191(2).
What did IPC Section 147 provide?
The text of former Section 147 stated:
Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Thus, Section 147 provided a maximum of two years' imprisonment, or a fine, or both. The expression "imprisonment of either description" means rigorous or simple imprisonment, as applicable.
What is rioting? IPC Section 146 and BNS Section 191(1)
Under former IPC Section 146, rioting occurred when force or violence was used by an unlawful assembly, or by any member of it, in prosecution of the assembly's common object; every member of that assembly was then guilty of rioting. The corresponding definition is in BNS Section 191(1).
An unlawful assembly is generally an assembly of five or more persons having one of the prohibited common objects described in former IPC Section 141 or current BNS Section 189(1). The statutory requirements must be established on the facts.
Current punishment under BNS Section 191
| Provision | Conduct | Maximum punishment |
|---|---|---|
| IPC Section 147 (former) | Rioting | Imprisonment up to 2 years, or fine, or both |
| BNS Section 191(2) | Rioting | Imprisonment up to 2 years, or fine, or both |
| BNS Section 191(3) | Rioting while armed with a deadly weapon or an object likely to cause death when used as a weapon | Imprisonment up to 5 years, or fine, or both |
Section 191(3) is the counterpart of former IPC Section 148, not Section 147. The actual sentence depends on the evidence, charges and judicial assessment.
Essential ingredients of rioting
- An assembly of at least five persons must satisfy the legal definition of an unlawful assembly.
- Force or violence must be used by the assembly or a member of it.
- The force or violence must be used in prosecution of the assembly's common object.
- The accused's membership and the relevant circumstances must be proved according to law.
Physical participation in every act of violence is not invariably necessary for liability as a member, but mere presence at the scene, without proof of unlawful-assembly membership and the other necessary elements, is not by itself sufficient.
Example of rioting
Suppose six persons gather with the common object of forcibly dispossessing an occupant and one of them uses violence to achieve that object. If the statutory requirements are proved, members of that unlawful assembly may incur liability for rioting even though not all personally used force. Whether each accused was a member is a factual question.
Difference between unlawful assembly and rioting
Unlawful assembly concerns the prohibited common object of a group of at least five persons. Rioting additionally requires force or violence in prosecution of that common object. A gathering does not become a riot merely because it is large, noisy or politically controversial.
Related provisions
Former IPC Sections 141 to 149 address unlawful assembly, membership, rioting, armed rioting and liability for offences committed in prosecution of the common object. Under the BNS, Sections 189, 190 and 191 address related matters. The precise charge and procedural classification should be checked against the applicable law and the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Frequently asked questions
Is IPC Section 147 still applicable?
It remains relevant to conduct and proceedings governed by the former IPC and applicable savings provisions. For offences committed after the BNS commenced, BNS Section 191(2) is generally the corresponding provision.
Does rioting require at least five people?
The offence is based on an unlawful assembly, which requires five or more persons. The legal test concerns the assembly and its common object, not simply the number ultimately convicted.
Is every protest a riot?
No. Peaceful protest does not automatically amount to rioting. The statutory elements, including an unlawful assembly and force or violence in prosecution of its common object, must be established.
Official legislation and legal references
Consult the official India Code portal for the text of the Bharatiya Nyaya Sanhita, 2023, the Indian Penal Code, 1860, and the Bharatiya Nagarik Suraksha Sanhita, 2023. Official notifications and amendments should be checked when applying the law to a particular case.
Legal information only. The applicability of provisions, bail and procedure depends on the facts, date of alleged offence and governing law.