IPC 146 vs BNS 146 – Definition of Rioting
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 146
Rioting
About IPC Section
Section 146 of the Indian Penal Code, 1860, defines rioting. When force or violence is used by an unlawful assembly, or by any member of it, in prosecution of their common object, every member of that assembly is guilty of rioting.
Key points under IPC 146:
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An unlawful assembly of five or more persons is required.
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If even one member uses force or violence to achieve the group’s common object,
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All members of that assembly become guilty of rioting.
For example, if a mob of five gathers to seize land unlawfully, and one member assaults the landowner, all members become liable for rioting, not just the one who committed the assault.
This section ensures collective liability, making rioting a serious offense. It deters mob violence by holding every member accountable for the acts committed in pursuit of their unlawful object.
Section: BNS 146
Rioting
About BNS Section
Section 146 of the Bharatiya Nyaya Sanhita, 2023, retains the same definition of rioting as IPC 146.
Key provisions under BNS 146:
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An assembly of five or more persons becomes unlawful when violence or force is used,
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Even if only one member commits violence in furtherance of the common object,
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All members of the assembly are guilty of rioting.
For instance, if a group protests unlawfully and one participant damages public property, all participants become liable for rioting under BNS 146.
This section continues the principle of collective accountability, discouraging participation in violent mobs. It strengthens public order by ensuring that unlawful assemblies that resort to violence are dealt with firmly.