IPC Section 148
Section 148 of the Indian Penal Code (IPC) deals with the offence of rioting while being armed with a deadly weapon. It is a punishable offence, and this section applies when a person not only participates in a riot but does so while carrying a weapon that is capable of causing death.
βοΈ Bare Act Language of IPC Section 148:
"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 three years, or with fine, or with both."
π Breakdown and Explanation:
Letβs break this into components for a better understanding:
1. "Whoever is guilty of rioting"
This implies that the person must first be involved in rioting.
Rioting is defined under Section 146 IPC as: 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.
So, there must be:
An unlawful assembly (defined in Section 141 IPC).
Use of force or violence.
A common object (shared purpose of the group).
2. "Being armed with a deadly weapon"
The person must be carrying a deadly weapon.
A deadly weapon is one which is capable of causing death or serious bodily injury. Examples include:
Guns
Knives
Swords
Even tools like iron rods or bricks if used to kill or injure.
3. "Or with anything which, used as a weapon of offence, is likely to cause death"
This widens the scope. Itβs not just about traditional weapons. Even everyday objects can be included if they are used in a manner that is likely to cause death.
Example: A heavy wooden stick or a glass bottle used violently could fall under this.
π Key Ingredients of Offence under Section 148:
There must be rioting (as per Section 146).
The accused must be a member of the unlawful assembly.
The accused must be armed with a deadly weapon or anything that can be used as a weapon likely to cause death.
π§ββοΈ Nature of the Offence:
| Attribute | Detail |
|---|---|
| Cognizable | Yes (Police can arrest without a warrant) |
| Bailable | No (It is a non-bailable offence) |
| Triable by | Magistrate of the first class |
| Punishment | Imprisonment up to 3 years, or fine, or both |
β οΈ Example Scenario:
Suppose a group of people gather to protest against a local issue. The protest turns violent, and the group starts attacking public property. One of the participants is carrying a large knife. Even if he doesnβt use it but is part of the group using violence, he can be charged under Section 148 IPC.
π Related Sections:
Section 141 β Unlawful Assembly
Section 146 β Rioting
Section 147 β Punishment for Rioting (without deadly weapons)
Section 149 β Every member of unlawful assembly guilty of offence committed in prosecution of common object
π Summary:
Section 148 IPC enhances the gravity of the offence of rioting when the rioter is armed with a deadly weapon. It recognizes the added threat and potential for greater harm when weapons are involved in public disturbances, and it seeks to deter such armed rioting by prescribing stricter punishment.
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