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.
What does Rioting mean?
Before we discuss Section 147, we must understand what “rioting” means. The IPC states, rioting is an act that takes place when force or violence is used in carrying out the common object of an unlawful assembly. Rioting is classified as a serious offense by the law because it disrupts public peace, safety, and order.
Essential Ingredients of Rioting under Section 147
- Unlawful assembly: There must be an unlawful assembly (five or more persons).
- Common object: There must be a common object (e.g., resisting authority, committing an offense, taking wrongful possession).
- Use of Force: Force or violence must be used in carrying out that common object.
- All members of an unlawful assembly are guilty of rioting, no matter their level of involvement.
Punishment
Under Section 147 IPC, anyone convicted of rioting is punishable by:
- Imprisonment of either description (simple or rigorous) for a term not exceeding 2 years, or
- Fine, or
- Both.
The punishment reflects the seriousness of disturbing public peace, but is not as severe as an aggravated form of rioting (like rioting with deadly weapons in Section 148 IPC).
Examples
- For instance, where a group of villagers, armed with sticks, forcibly take possession of land they claim belongs to them, this is rioting.
- Where a gang of political protestors, in the course of their “protest” damage public buses, that is rioting also.
Case law
In State of Maharashtra v. Ramlal Devappa Rathod (2015), the court held that once rioting is proved, all the members of the unlawful assembly are liable even if acts of violence cannot be connected to each occasion.