IPC Section 146
🇮🇳 IPC Section 146 – Rioting
Bare Act Language:
"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."
🔍 Explanation in Simple Terms:
Section 146 of the Indian Penal Code defines the offence of rioting.
To understand it, you need to first understand what an unlawful assembly is under Section 141 IPC.
⚖️ Key Elements of Rioting under Section 146:
Unlawful Assembly
There must be an unlawful assembly (i.e., a group of 5 or more persons) with a common illegal objective (like committing mischief, using criminal force, resisting legal authority, etc.).
Use of Force or Violence
If this unlawful group uses force or violence, even by one person in the group...
In Pursuit of Common Object
The force/violence must be in pursuance of the common object of the group.
Liability of All Members
Then, all members of the unlawful assembly are guilty of rioting, not just the person who used violence.
📌 Illustration:
If 10 people gather to protest peacefully, it is not rioting.
But if during that protest, they start damaging public property (which was part of their plan), and even one person throws a stone at the police, all 10 members are liable for rioting under Section 146 — even if only one person used violence.
🔒 Punishment for Rioting (Section 147 IPC):
Section 146 defines rioting, but punishment is given under Section 147:
"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."
So, punishment can be:
Up to 2 years' imprisonment
Or a fine
Or both
✅ Key Points to Remember:
| Element | Description |
|---|---|
| Number of People | At least 5 (as per unlawful assembly) |
| Violence | Used by one or more members |
| Common Object | Must be illegal in nature |
| Liability | Shared by all members, not just the one who acted violently |
🧠 Example:
A mob of 20 people gathers to stop construction of a legal road by the government. Some members start beating up the workers and setting fire to machinery.
➡️ This becomes rioting, and all 20 can be held guilty under Section 146, even if only 5 of them physically used violence.
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