Bharatiya Nyaya Sanhita: Section 192 – Wantonly giving provocation with intent to cause riot – if rioting be committed; if not committed

Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Simplified Explanation

Section 192 of the Bharatiya Nyaya Sanhita (BNS) addresses provocation that can lead to rioting. It criminalizes the act of wantonly giving provocation with the intention or knowledge that it is likely to lead to a riot. The section outlines the consequences of such provocation based on whether a riot actually occurs or not.

Key Provisions

1. Provocation with Intent to Cause a Riot (Subsection 1):
   • A person who malignantly or wantonly gives provocation to another, intending or knowing that the provocation is likely to result in a riot, is committing an offense.
   • Provocation means doing something illegal or unreasonable that would likely incite another person or group to commit an offense, specifically rioting.
2. Punishment If Rioting is Committed (Subsection 1):
   • If the provocation leads to the commission of a riot, the person responsible for giving the provocation is punishable with:
     • Imprisonment for up to one year, or
     • Fine, or
     • Both.
   • The penalty reflects the direct responsibility of the person who provoked the riot, even if they did not actively participate in the riot itself.
3. Punishment If Rioting is Not Committed (Subsection 2):
   • If the provocation does not result in a riot (i.e., no riot occurs despite the provocation), the individual who gave the provocation is still punishable, but with a lesser penalty:
     • Imprisonment for up to six months, or
     • Fine, or
     • Both.
   • The law recognizes the attempt or risk of causing public disorder and holds individuals accountable even when a riot does not materialize.

Explanation and Key Concepts

1. Malignant or Wanton Provocation:
   • Malignant provocation refers to actions carried out with ill intent or malice, intending to incite others into violence or unlawful behavior.
   • Wanton provocation refers to reckless or irresponsible behavior that disregards the consequences, leading to a risk of violence or public disorder.
2. Intent or Knowledge of Likely Outcome:
   • The law is clear that provocation must be done with intent or knowledge that it is likely to cause a riot. This distinguishes the act from mere speech or behavior that might be misunderstood, and focuses on deliberate acts designed to instigate violence.
3. Two Potential Outcomes:
   • Riot Occurs: If a riot happens as a result of the provocation, the punishment is higher (up to one year imprisonment) because the individual is directly responsible for inciting the disturbance.
   • Riot Does Not Occur: If no riot occurs, the punishment is lower (up to six months imprisonment), but the person is still held accountable for the attempt to provoke such disorder.
4. Preventing Incitement to Violence:
   • This section is aimed at preventing individuals from deliberately inciting or provoking riots, which could lead to widespread public disorder and violence.
   • The law recognizes that words or actions can be powerful in influencing others and seeks to hold accountable those who intentionally incite or encourage unlawful behavior.

Purpose and Rationale

• Deterring Provocation: Section 192 aims to deter individuals from engaging in actions that could incite public violence or riots, which can lead to harm to people and property.
• Accountability for Instigators: It holds individuals accountable for instigating violence even if they are not directly involved in the act of rioting, addressing the root causes of riots.
• Public Order Maintenance: By penalizing those who provoke others to riot, the law seeks to ensure that public order is maintained and prevent escalating conflict.

Punishment

• If a Riot is Committed:
  • Imprisonment for up to one year, or
  • Fine, or
  • Both.
• If No Riot is Committed:
  • Imprisonment for up to six months, or
  • Fine, or
  • Both.

Conclusion

Section 192 of the Bharatiya Nyaya Sanhita 2023 criminalizes the act of provoking others to commit a riot. It holds individuals accountable for intentional or reckless actions that are likely to incite public violence, with penalties dependent on whether the provocation leads to an actual riot. This provision aims to prevent public disorder by discouraging actions that could inflame tensions and lead to riots, ensuring that those who contribute to such disturbances, even indirectly, face legal consequences.