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.
IPC Simplified Explanation
IPC Section 148 of the Indian Penal Code (IPC) enhances the penalties for rioting by focusing on individuals who participate in such acts while armed with deadly weapons. This section specifies that if a person is part of an unlawful assembly and commits rioting while being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death; they are guilty of a more severe offence compared to basic rioting.
The presence of a deadly weapon significantly increases the potential for harm and the gravity of the offence, reflecting the escalated risk to public safety and order.
Is IPC Section 148 Bailable?
No, the offence under IPC Section 148 is non-bailable. The increased danger posed by the involvement of deadly weapons in a riot makes this a more serious offence, necessitating judicial oversight for bail considerations.
IPC Section 148 Punishment
Under IPC Section 148, the punishment for rioting while armed with a deadly weapon is imprisonment for up to three years, a fine, or both. The severity of the punishment reflects the potential for greater harm due to the use of weapons in the riot.
Example of IPC Section 148
A real-life example of IPC Section 148 being applied occurred during a land dispute in a rural area. A group involved in the dispute formed an unlawful assembly and escalated to rioting while some members were armed with machetes and firearms. This violent confrontation led to injuries and property damage. The police charged the armed participants under Section 148 due to the seriousness of their actions and the threat they posed. Those found guilty faced imprisonment and fines, reflecting the increased severity of their offence due to the use of deadly weapons.