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BNS · Section 191 · Chapter XI — OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

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)

  1. Existence of an unlawful assembly
  2. Use of force or violence by the assembly or any member thereof
  3. Such force or violence is used in prosecution of the common object of the assembly
  4. The accused was a member of that assembly at the relevant time
  5. 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.

Old-law correspondence

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.