Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed
What this section does
Penalises a person who malignantly or wantonly gives provocation by doing something illegal, intending or knowing it likely to cause rioting. The punishment differs depending on whether rioting actually results from the provocation.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- If rioting is committed in consequence: imprisonment of either description up to 1 year, or fine, or both. If rioting is not committed: imprisonment of either description up to 6 months, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused acted malignantly or wantonly
- The act done was illegal
- The act was done with intent, or knowledge that it was likely, to provoke rioting
- Whether or not rioting was actually committed in consequence of the provocation
Practitioner note
The causal link between the illegal provocation and the riot (if committed) must be established. The section creates two distinct offences with different punishment ceilings depending on the outcome.
Derived from IPC s.153.
Read the official text
For the binding statutory text of BNS Section 192, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 192 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.