IPC 153 vs BNS 153
● Retained in BNSWantonly giving provocation with intent to cause riot—if rioting be committed—if not committed
Section 153 of the Indian Penal Code, 1860, penalizes individuals who wantonly give provocation with the intent that it will cause a riot.
Key points of IPC 153:
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If the provocation leads to rioting → punishment up to 1 year imprisonment, or fine, or both.
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If no riot occurs but provocation was given → punishment up to 6 months imprisonment, or fine, or both.
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The offence requires both the intention to provoke and the likelihood of causing rioting.
For example, if a person deliberately insults a community during a gathering to spark violence, and rioting follows, he is punishable under IPC 153. Even if no riot occurs, he is still liable for creating the risk.
This section targets instigators and agitators who deliberately provoke tensions in public, aiming to stop riots before they escalate.
Wantonly giving provocation with intent to cause riot—if rioting be committed—if not committed
Section 153 of the Bharatiya Nyaya Sanhita, 2023, retains the same principle as IPC 153. It criminalizes provocation intended to cause riots, regardless of whether the riot actually happens.
Key points of BNS 153:
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If riot occurs → punishment up to 1 year imprisonment, or fine, or both.
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If no riot occurs → punishment up to 6 months imprisonment, or fine, or both.
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Covers verbal, written, or physical acts designed to provoke.
For instance, if a speaker at a political rally uses inflammatory language to provoke violence, and a riot breaks out, he faces maximum punishment under BNS 153. Even if the crowd remains peaceful, the act of provocation itself is punishable.
This section helps the state curb incitement to violence, focusing on prevention of riots by holding accountable those who attempt to provoke them.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 153 to BNS BNS 153.