(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.
Simplified Explanation
Section 191 of the Bharatiya Nyaya Sanhita (BNS) defines the offense of rioting and prescribes the punishment for those found guilty. It is structured into three subsections, detailing the circumstances and consequences of rioting.
Key Provisions
- Rioting Defined (Subsection 1):
- Rioting occurs when force or violence is used by an unlawful assembly or any of its members, in furtherance of the common object of that assembly.
- The definition implies that any member of an unlawful assembly who engages in violence or forceful acts will be guilty of rioting. This holds true even if the individual did not directly participate in the violent act, as long as it was part of the assembly’s common object.
- Punishment for Rioting (Subsection 2):
- A person found guilty of rioting is subject to imprisonment for a term that may extend to two years, or a fine, or both.
- The punishment here is aimed at those who participate in unlawful assemblies where violence is used, ensuring that the law holds them accountable for contributing to public disorder.
- Aggravated Rioting (Subsection 3):
- If a person is guilty of rioting but is armed with a deadly weapon or anything that, when used as a weapon, is likely to cause death, the punishment is more severe.
- Such individuals may face imprisonment for a term extending to five years, or a fine, or both.
- This provision reflects the increased danger posed by individuals who are armed during the commission of a riot, underscoring the seriousness of the offense when deadly weapons are involved.
Explanation and Key Concepts
- Unlawful Assembly and Common Object:
- As defined in Section 189, an unlawful assembly is an assembly of five or more persons with a common criminal objective.
- If any member of the unlawful assembly uses force or violence to achieve the common object, all members are guilty of rioting, even if they did not directly engage in violent acts.
- Rioting:
- Rioting is specifically defined as an act of violence or force committed by members of an unlawful assembly.
- The focus is on violence, which includes physical force or intimidation intended to achieve the common goal of the assembly.
- Aggravated Rioting:
- The punishment for aggravated rioting is more severe when the person involved is armed with a deadly weapon or any object that can be used as a weapon likely to cause death. This acknowledges the heightened risk of harm when force is applied with a weapon, and it serves as a deterrent to individuals who might escalate violence by bringing dangerous items to a riot.
Purpose and Rationale
- Deterring Public Disorder:
- Section 191 seeks to deter rioting by holding members of unlawful assemblies accountable for violence and by punishing them for contributing to public disorder.
- The law treats force and violence as grave offenses when they arise from unlawful assemblies, where the collective intent is often to create chaos or disrupt the peace.
- Responsibility of All Members:
- The provision reinforces the concept of collective responsibility within an unlawful assembly. Every member, even those not directly involved in violence, is held accountable if the assembly’s common object leads to violence.
- Escalation of Punishment for Armed Rioters:
- The law imposes a harsher penalty for those who bring weapons to a riot, recognizing that violence is more dangerous when it is accompanied by deadly force. This not only discourages armed participation in riots but also aims to prevent escalation into deadly conflict.
Punishment
- General Rioting: Imprisonment for up to two years, a fine, or both.
- Aggravated Rioting (armed with a deadly weapon): Imprisonment for up to five years, a fine, or both.
Conclusion
Section 191 of the Bharatiya Nyaya Sanhita 2023 criminalizes the act of rioting, where force or violence is used by members of an unlawful assembly in pursuit of the common object. The law treats all participants in such assemblies as equally responsible for the violence, reinforcing the principle of collective accountability. The severity of punishment increases if a deadly weapon is involved, acknowledging the heightened risk of harm in such cases. This section aims to deter the use of violence in public gatherings and to maintain order and peace in society.
