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.
IPC Section 146: Simplified Explanation
IPC Section 146 of the Indian Penal Code (IPC) defines the offence of “rioting.” It specifies that whenever force or violence is used by an unlawful assembly or any member thereof in prosecution of the common object of such assembly, every member is guilty of rioting.
This section emphasizes that the mere formation of an unlawful assembly becomes a more serious offence when it escalates to the use of force or violence. The purpose is to deter collective aggressive actions that threaten public peace and safety.
Is IPC Section 146 Bailable?
The offence under IPC Section 146 is generally non-bailable. This reflects the serious nature of the offence, as rioting involves a direct threat to public order and safety through violence or force.
IPC Section 146 Punishment
Under IPC Section 146, the punishment for rioting is imprisonment for up to two years, a fine, or both. The exact sentence can vary depending on the severity of the violence, the damage caused, and the specific role of the individual within the riot.
Example of IPC Section 146
A real-life example of IPC Section 146 being invoked occurred during communal tensions in a city. A group formed an unlawful assembly to intimidate another community. When the situation escalated into violence, with property damage and assaults occurring, the police charged the participants with rioting under Section 146. Those arrested faced legal proceedings where they were held accountable for their roles in the violence and disruption caused by the riot.
