IPC Section 147
πΉ SECTION 147 β Rioting
Text of the Law:
"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."
π Explanation of Key Terms
To understand Section 147 fully, we first need to understand what rioting means under the IPC.
πΉ What is "Rioting"? β Defined under Section 146 IPC
According to Section 146 of the IPC:
"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 offense of rioting."
πΉ What is an "Unlawful Assembly"? β Defined under Section 141 IPC
An unlawful assembly is an assembly of five or more persons with a common object to commit any of the following:
To overawe the government or public servants by criminal force.
To resist the execution of any law or legal process.
To commit any offense.
To take possession of property by force.
To enforce a right or supposed right by force.
πΉ Ingredients of Rioting under Section 147
To prosecute someone under Section 147, the following ingredients must be present:
There must be an unlawful assembly (5 or more persons).
The assembly must have a common object as described under Section 141.
The use of force or violence must occur by any member(s) of the assembly.
All members of the assembly will be held guilty, even if only one or few actually used force/violence.
πΉ Punishment under Section 147 IPC
Imprisonment: Up to 2 years (can be rigorous or simple).
Fine: As decided by the court.
Or both: Imprisonment and fine.
πΉ Nature of Offense
| Feature | Details |
|---|---|
| Cognizable | Yes (police can arrest without warrant) |
| Bailable | Yes (accused has right to bail) |
| Triable by | Magistrate of the First Class |
| Compoundable | No (cannot be settled by parties out of court) |
πΉ Example Scenario
Suppose a group of 6 people gathers to protest against a government policy. The protest turns violent, and some members of the group start throwing stones at the police and damaging public property. Even if only 2 out of the 6 people actually threw the stones, all 6 can be charged under Section 147, provided it's proven that they shared the common object and were part of the unlawful assembly.
πΉ Important Points
Common object is different from common intention. Common object doesnβt require prior meeting of minds β it can form on the spot.
Mere presence in an unlawful assembly that turns violent can make one liable for rioting.
Knowledge of the common object and participation in the group is key to liability.
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