Bharatiya Nyaya Sanhita, 2023
BNS Section 191
Rioting
In one line
BNS Section 191 deals with rioting and replaces IPC 146 (now 191(1)), IPC 147 (now 191(2)), IPC 148 (now 191(3)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 191(2) | Rioting. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 191(3) | Rioting, armed with a deadly weapon. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 191
191. Rioting.
(1) Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.
(2) 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.
(3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
What changed from the IPC
- IPC 146 → BNS 191(1): This IPC section defines the offence which is included in BNS as a sub-section.
- IPC 147 → BNS 191(2): IPC section is included as a sub-section in BNS, sans heading.
- IPC 148 → BNS 191(3): IPC section is included as a sub-section in BNS, sans heading.
- IPC 148 → BNS 191(3): Upper limit of imprisonment is increased from three years to five years.
Frequently asked
What was BNS Section 191 in the IPC?
BNS Section 191 (Rioting) replaces Sections 146, 147, 148 of the Indian Penal Code, 1860. IPC 146 is now BNS 191(1). IPC 147 is now BNS 191(2). IPC 148 is now BNS 191(3).
What is the punishment under BNS 191(2)?
Rioting – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 191(3)?
Rioting, armed with a deadly weapon – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
Is BNS 191 bailable?
Bailable: BNS 191(2), 191(3). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 186 — Prohibition of fictitious stamps
- BNS 187 — Person employed in mint causing coin to be of different weight or composition from that fixed by law
- BNS 188 — Unlawfully taking coining instrument from mint
- BNS 189 — Unlawful assembly
- BNS 190 — Every member of unlawful assembly guilty of offence committed in prosecution of common object
- BNS 192 — Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed
- BNS 193 — Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place
- BNS 194 — Affray
- BNS 195 — Assaulting or obstructing public servant when suppressing riot, etc
- BNS 196 — Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony