BNS Section 191 Rioting

Section 191 of the Bharatiya Nyaya Sanhita (BNS) addresses the offence of rioting. This section is crucial for maintaining public order and tranquility, and it outlines the definition of rioting, along with its associated punishments. BNS Section 191 Rioting , replaces the corresponding provisions under the Indian Penal Code (IPC)

Section 191 Rioting Under BNS, 2023

Provision : Rioting. 

191. (1) 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.

(2) 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. 

(3) 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 five years, or with fine, or with both.

Definition of Rioting in simple words BNS Section 191 Rioting

According to Section 191 of the Bharatiya Nyaya Sanhita, 2023:

1. 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 rioting.
2. Whoever is guilty of rioting shall be punished with imprisonment of up to two years, or with fine, or with both.
3. If the rioting is committed while being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, the punishment extends to five years of imprisonment, or fine, or both.

Essential Ingredients of Rioting

To constitute the offence of rioting under Section 191 of BNS, 2023, the following elements must be present:

• There must be an unlawful assembly.
• Use of force or violence by the assembly or any member.
• The force or violence must be in prosecution of the common object of such an assembly.
• If armed with a deadly weapon, the offence becomes more serious and attracts stricter punishment.

Difference Between Unlawful Assembly and Rioting

• Unlawful Assembly (Section 190 BNS, 2023): Mere gathering of five or more people with a common object to commit an offence.
• Rioting (Section 191 BNS, 2023): When an unlawful assembly actually uses force or violence in pursuit of its common object.

Punishment for Rioting BNS Section 191 Rioting

Comparison with the Old Law (IPC 146, 147, 148 vs. BNS 191)

Significant Supreme Court and High Court Judgments on Rioting

1. Mani Ram vs State of U.P. (1994) – This case defined the requirement of a “common object” in unlawful assemblies under rioting laws. The Supreme Court held that mere membership in an assembly is insufficient to convict a person of rioting unless it is proven that they shared the common object and actively participated in violent acts.
2. Kedar Nath Singh vs State of Bihar (1962) – This landmark judgment distinguished between violent and peaceful protests. The Court ruled that freedom of speech and expression under Article 19(1)(a) of the Constitution does not protect speech that incites violence, leading to unlawful assembly and rioting. However, peaceful demonstrations do not fall under the scope of rioting.
3. State of Maharashtra vs Abbas Ansari (2022) – In this case, the Bombay High Court ruled that mere presence in an unlawful assembly does not automatically make a person guilty of rioting unless it is proven that they participated in violence. The court emphasized the importance of active involvement in violent acts for a rioting conviction.

Examples and Real-Life Cases of Rioting

1. 2020 Delhi Riots Case – The 2020 Delhi riots were one of the most significant instances of communal violence in recent years. Several individuals were booked under IPC Sections 147 and 148 (now Section 191 of BNS, 2023) for their involvement in violent protests that led to arson, destruction of public property, and loss of lives. Courts assessed the liability of rioters based on CCTV footage, eyewitness testimonies, and forensic reports.
2. 2013 Muzaffarnagar Riots – The communal riots in Muzaffarnagar, Uttar Pradesh, resulted in widespread violence, deaths, and displacement of thousands of people. Courts analyzed the role of unlawful assemblies and their liability under rioting provisions. Several individuals, including politicians, were prosecuted for inciting violence and leading mobs.
3. 2018 Bhima Koregaon Violence – On January 1, 2018, violence erupted during an annual commemoration event in Bhima Koregaon, Maharashtra. The riots resulted in the destruction of public and private property. Investigations revealed that social media played a significant role in mobilizing mobs, leading to arrests under rioting and unlawful assembly charges.
4. 2017 Panchkula Riots (Ram Rahim Case) – After the conviction of Gurmeet Ram Rahim Singh in a rape case, violent riots broke out in Panchkula, Haryana, leading to large-scale destruction of government buildings and vehicles. Over 30 people were killed, and thousands were arrested under rioting and related offenses.
5. 2012 Assam Riots – Ethnic violence in Assam between Bodos and Bengali-speaking Muslims led to large-scale rioting, resulting in hundreds of deaths and mass displacement. The courts examined the role of organized groups in instigating violence and imposed strict penalties under rioting provisions.

Legal Table: Cognizability, Bailability, and Trial Process

READ MORE: Section 152 of Bharatiya Nyaya Sanhita: Meaning, Ingredients, and Comparison with IPC

Bharatiya Nyaya Sanhita Section 80 Dowry Death

Practical Implications and defence Against Rioting Charges

• Defenses Available:
  • Absence from the scene.
  • Lack of intent or common object.
  • No participation in violence.
• Lawful Protests vs. Rioting:
  • Peaceful protests are protected under Article 19 of the Indian Constitution.
  • Any gathering that turns violent can be prosecuted under Section 191 BNS, 2023.

 Related Legal Terms and Sections:

• Unlawful Assembly: Rioting is intrinsically linked to the concept of an unlawful assembly, as defined in Section 189 of BNS.
  • An assembly of five or more persons can be designated as an unlawful assembly if their common goal is to use criminal force to overawe the government or a public servant.
  • Joining or continuing in an unlawful assembly, even after it has been ordered to disperse, is an offence.
• Common Object: The actions of the unlawful assembly must be in pursuit of a common object for the offence to be classified as rioting.
• Provocation: Section 192 addresses the act of wantonly giving provocation with the intent to cause a riot. If a riot occurs due to such provocation, the person responsible can face imprisonment up to one year, or a fine, or both. If the riot does not occur, the punishment is imprisonment up to six months, or a fine, or both.
• Liability of Land Owners: Section 193 of the BNS outlines the liability of owners or occupiers of land where an unlawful assembly or riot takes place. They may be fined if they fail to report the assembly or riot to the police or if they do not take lawful measures to prevent or suppress the riot.
• Assaulting Public Servants: Section 195 of the BNS addresses the offence of assaulting or obstructing a public servant when they are attempting to suppress a riot or an unlawful assembly.
  • Threatening or attempting to obstruct a public servant in such situations is also an offence

FAQs on Rioting Under Section 191 BNS, 2023

1. What is Section 191 of the BNS?

Section 191 of the Bharatiya Nyaya Sanhita, 2023, defines and punishes the offence of rioting, which occurs when an unlawful assembly uses force or violence to achieve a common object.

2. Is Rioting a Cognizable offence?

Yes, rioting is a cognizable offence, meaning the police have the authority to arrest without prior approval from a court.

3. Can Rioting Charges Be Compounded?

No, rioting charges cannot be compounded. Once an FIR is filed, the case must go through the legal process.

4. Is Rioting a Bailable offence?

• Simple rioting (without weapons) is bailable.
• Rioting with a deadly weapon is non-bailable.

5. What is the Difference Between Unlawful Assembly and Rioting?

Unlawful assembly means five or more persons gathering with a common object, while rioting occurs when force or violence is actually used.

6. What are Some Examples of Rioting?

• Political protests that turn violent.
• Communal clashes involving property destruction.
• Mob violence during rallies or demonstrations.

7. What is the punishment for rioting under BNS Section 191?

Under Section 191 of the Bharatiya Nyaya Sanhita, 2023:

• A person guilty of rioting can be punished with imprisonment of up to two years, or a fine, or both.
• If the rioting is committed while being armed with a deadly weapon or anything capable of causing death, the punishment extends to imprisonment of up to five years, or a fine, or both.

8. What constitutes rioting under BNS Section 191?

Rioting occurs when force or violence is used by an unlawful assembly or any member thereof in prosecution of the common object of such assembly. 

9. What is the difference between affray and riot?

While both affray and riot involve violence, they differ in legal interpretation:

• Riot (Section 191, BNS 2023):
  • Involves an unlawful assembly (five or more people).
  • Requires the use of force or violence to further a common object.
  • Punishable with imprisonment of up to two years or five years if armed.
• Affray (Section 194, BNS 2023):
  • Involves a fight between two or more persons.
  • Must occur in a public place and disturb public peace.
  • Punishable with imprisonment up to one year, or fine, or both.

Conclusion

Rioting is a grave offence under Section 191 of BNS, 2023, replacing IPC Sections 146-148. The law seeks to maintain public order by penalizing those who engage in violent assemblies. While lawful protests remain a fundamental right, crossing the boundary into violence can lead to severe legal consequences. Understanding the provisions of BNS, 2023, along with recent judicial interpretations, is essential for legal practitioners, law students, and the general public alike.