Rioting
What this section does
Defines the offence of rioting as the use of force or violence by an unlawful assembly or any member thereof in furtherance of the assembly's common object. Every member of such assembly is guilty. Enhanced punishment applies when a rioter is armed with a deadly weapon or anything likely to cause death.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Basic rioting (s.191(2)): imprisonment of either description up to 2 years, or fine, or both. Rioting while armed with deadly weapon (s.191(3)): imprisonment of either description up to 5 years, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- Existence of an unlawful assembly
- Use of force or violence by the assembly or any member thereof
- Such force or violence is used in prosecution of the common object of the assembly
- The accused was a member of that assembly at the relevant time
- For aggravated offence (s.191(3)): the accused was armed with a deadly weapon or anything likely to cause death when used as a weapon
Practitioner note
Mere membership of the unlawful assembly at the time force is used is sufficient for guilt; individual participation in the violence need not be proved separately. The aggravated form (armed with deadly weapon) carries a higher ceiling of 5 years.
- IPC Section 146 — Rioting
Read the official text
For the binding statutory text of BNS Section 191, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 191 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.