IPC 147 vs BNS 147
● Retained in BNSPunishment for rioting
Section 147 of the Indian Penal Code, 1860, prescribes the punishment for rioting. Once an unlawful assembly turns violent, and rioting under IPC 146 is established, IPC 147 provides the penalty for its members.
Key provisions of IPC 147:
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Any member of an unlawful assembly guilty of rioting,
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Shall be punished with imprisonment up to 2 years, or fine, or both.
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The liability is collective, meaning every participant is punishable, not only those who directly used violence.
For example, if a mob of 10 people unlawfully assembles and two members destroy property while others continue to support the act, all 10 can be punished for rioting under IPC 147.
The section serves as a deterrent against mob participation and violent protests, ensuring public order. By penalizing all members of rioting assemblies, IPC 147 strengthens the rule of law.
Punishment for rioting
Section 147 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 147 in prescribing the punishment for rioting.
Under BNS 147:
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Any person who is a member of an unlawful assembly engaged in rioting,
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Is punishable with imprisonment up to 2 years, or fine, or both.
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The principle of collective liability remains the same, making all members responsible.
For instance, if a group of protestors unlawfully attacks police officers and damages public property, every member present is liable under BNS 147.
This section emphasizes public safety, accountability, and deterrence against mob violence. By keeping the punishment identical to IPC 147, BNS 147 ensures continuity and clarity in dealing with riot-related crimes.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 147 to BNS BNS 147.