Indian criminal law | IPC and BNS
IPC Section 148: Rioting Armed with a Deadly Weapon - BNS Section 191(3)
Legal position reviewed: 29 October 2026
Section 148 of the Indian Penal Code, 1860, dealt with rioting while armed with a deadly weapon. For offences governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), the corresponding provision is Section 191(3), which provides a higher maximum term of imprisonment.
Old law: IPC Section 148 - imprisonment of either description up to three years, or fine, or both.
Current law: BNS Section 191(3) - imprisonment of either description up to five years, or fine, or both. The applicable provision depends on the date and circumstances of the alleged offence.
What is rioting armed with a deadly weapon?
IPC Section 148 - Former statutory provision
The former provision stated:
Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
BNS Section 191(3) - Corresponding current provision
Under Section 191(3) of the BNS, a person guilty of rioting who is armed with a deadly weapon, or with an object which is likely to cause death when used as a weapon of offence, may be punished with imprisonment of either description up to five years, or with fine, or with both.
Meaning of rioting: BNS Section 191(1) provides that where force or violence is used by an unlawful assembly, or any of its members, in prosecution of its common object, every member of that assembly is guilty of rioting. The earlier definition appeared in IPC Section 146.
Meaning of unlawful assembly: Under BNS Section 189(1), an assembly of five or more persons is unlawful when its common object falls within the purposes specified by that section, such as resisting the execution of law or committing certain offences. The former provision was IPC Section 141.
Essential ingredients of the offence
- An unlawful assembly: There must be an assembly of at least five persons with a common object of a kind specified by law.
- Rioting: Force or violence must be used by the assembly or a member in prosecution of its common object.
- Membership and participation: The accused must be proved to have been a member of the unlawful assembly in the legally relevant circumstances.
- Deadly weapon: The accused must have been armed with a deadly weapon, or an object likely to cause death if used offensively.
Whether an article is a weapon likely to cause death depends on its nature and the surrounding facts. The prosecution must prove the statutory elements beyond reasonable doubt. Mere presence at the location of a disturbance is not, by itself, conclusive of membership of an unlawful assembly.
IPC Section 148 vs BNS Section 191(3): Punishment
| Provision | IPC Section 148 (former law) | BNS Section 191(3) (current law) |
|---|---|---|
| Offence | Rioting while armed with a deadly weapon | Rioting while armed with a deadly weapon |
| Maximum imprisonment | 3 years | 5 years |
| Other punishment | Fine, or both imprisonment and fine | Fine, or both imprisonment and fine |
| Nature of imprisonment | Either description | Either description |
Ordinary rioting without the aggravated deadly-weapon element is dealt with under IPC Section 147 and BNS Section 191(2), which prescribe a maximum of two years' imprisonment.
Important transitional point: The BNS came into force on 1 July 2024. The later five-year maximum must not be applied retrospectively to conduct that occurred when the IPC was applicable. Article 20(1) of the Constitution prohibits imposing a penalty greater than that permitted by the law in force when the offence was committed.
Is rioting with a deadly weapon cognizable and bailable?
For BNS Section 191(3), the classification in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) should be consulted for arrest, bail and trial jurisdiction. The offence is classified as cognizable and bailable, and is triable by a Magistrate of the first class. Other offences alleged in the same incident can affect the overall bail and procedural position.
Cognizable means the police may investigate without a Magistrate's order and arrest without a warrant subject to statutory safeguards. Bailable means bail is available as a matter of right on satisfying the applicable legal requirements.
For practical procedure, see how to register an FIR and the guide to bailable offences. Older guides may refer to the IPC or CrPC and should be read with the BNSS in mind.
Practical illustrations
Illustration 1 - Armed participant in a riot
A group of six persons assembles with an unlawful common object. During the disturbance, a member uses force in pursuit of that object, and another member is armed with a deadly weapon. The facts may attract BNS Section 191(3) against the armed member if all the statutory elements are established.
Illustration 2 - Person merely passing by
A person walks past a crowd during a disturbance but is not a member of the unlawful assembly. Presence at the scene alone does not establish liability for rioting with a deadly weapon.
Illustration 3 - Non-deadly article
Whether an ordinary object amounts to something likely to cause death when used offensively requires examination of the article and circumstances. It is not enough simply to label every object a deadly weapon.
Related legal provisions
IPC Section 144 concerned being a member of an unlawful assembly while armed with a deadly weapon, even without proof of rioting. IPC Section 149 addressed liability for offences committed in prosecution of a common object; its current counterpart is BNS Section 190. These are distinct from the aggravated rioting provision.
Frequently asked questions
What is IPC Section 148?
IPC Section 148 punished rioting while armed with a deadly weapon or an object likely to cause death when used offensively. The maximum imprisonment under IPC Section 148 was three years, or a fine, or both.
What is the corresponding BNS section?
BNS Section 191(3) addresses rioting while armed with a deadly weapon. The maximum imprisonment under this provision is five years, or a fine, or both.
Is every person carrying a weapon guilty of rioting?
No. The prosecution must establish the requirements of an unlawful assembly, rioting, and the relevant weapon element. Mere presence near a crowd does not automatically prove guilt.
Does the BNS five-year maximum apply to every old IPC Section 148 case?
No. The date of the alleged offence and applicable transitional and constitutional protections matter. A later law cannot retrospectively increase punishment for an earlier act.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) - official text, including Sections 189 and 191
- India Code - official legislative database (IPC and BNS)
- Ministry of Home Affairs - new criminal laws and notifications
- Constitution of India - Article 20(1)
This article provides general legal information. Individual cases depend on the facts, charges and applicable law.