Section 191 BNS - Rioting
Section 191 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines the offence of rioting and prescribes punishment for ordinary rioting and for rioting while armed with a deadly weapon.
Text of Section 191 BNS
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 is rioting under Section 191?
Rioting is an aggravated form of unlawful assembly. An unlawful assembly by itself is dealt with principally under Section 189 BNS. Section 191 applies when force or violence is actually used by that unlawful assembly, or by any member of it, in prosecution of the assembly's common object.
The provision makes every member of the unlawful assembly guilty of rioting once the statutory conditions are satisfied. The focus is therefore not confined to the individual who physically uses force or violence; membership of the unlawful assembly and the connection of the violence with its common object are central to the offence.
Essential ingredients of Section 191 BNS
For an allegation of rioting under Section 191, the prosecution must establish the factual requirements of the provision. In practical terms, the case ordinarily involves these elements:
- There must be an unlawful assembly within the meaning of the BNS.
- Force or violence must be used by the unlawful assembly or by any member of it.
- The force or violence must be used in prosecution of the common object of the assembly.
- The person sought to be held liable under Section 191 must be shown to be a member of that unlawful assembly at the relevant time.
The concept of the common object is also relevant to Section 190 BNS, which deals with liability for an offence committed by a member of an unlawful assembly in prosecution of its common object, or for an offence known to be likely in prosecution of that object.
Punishment for rioting under Section 191
| Provision | Offence | Maximum punishment |
|---|---|---|
| Section 191(2) | Rioting | Imprisonment of either description up to 2 years, or fine, or both |
| Section 191(3) | Rioting while armed with a deadly weapon, or an object likely to cause death when used as a weapon | Imprisonment of either description up to 5 years, or fine, or both |
Section 191(3) treats armed rioting more seriously because the accused is armed with a deadly weapon or with an object which, when used as a weapon of offence, is likely to cause death.
Is Section 191 BNS cognizable and bailable?
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) classifies both forms of rioting under Section 191 as cognizable and bailable offences.
| Provision | Cognizable | Bailable | Triable by |
|---|---|---|---|
| Section 191(2) BNS | Yes | Yes | Any Magistrate |
| Section 191(3) BNS | Yes | Yes | Magistrate of the first class |
The classification above is based on the First Schedule to the BNSS. Procedural questions in an individual case can also depend on the other offences alleged and the facts of the case.
Practical legal significance
A charge of rioting is not established merely because several persons are present at the same place or because a disturbance occurs. The statutory link between the unlawful assembly, its common object and the force or violence used is important. Individual liability must therefore be assessed in the light of membership of the assembly, the common object and the surrounding evidence.
Where a person is alleged to have been armed, Section 191(3) requires attention to the nature of the weapon or object and whether it is a deadly weapon or is likely to cause death when used as a weapon of offence.
Section 191 BNS and earlier criminal law
The BNS now contains the central penal provision on rioting for offences to which the new criminal laws apply. Questions concerning conduct occurring before the commencement of the BNS can require consideration of the law applicable on the date of the alleged offence and the relevant saving provisions.
Frequently asked questions
What is the maximum punishment for rioting under Section 191(2)?
The maximum term is two years' imprisonment. The court may also impose a fine, or both imprisonment and fine.
What is the punishment for armed rioting under Section 191(3)?
The maximum term is five years' imprisonment, or fine, or both.
Is rioting under Section 191 bailable?
Yes. Both Section 191(2) and Section 191(3) are classified as bailable in the BNSS First Schedule.
Is rioting a cognizable offence?
Yes. Both forms of rioting specified in Section 191 are classified as cognizable offences.
Official legal resources
For authoritative statutory text and updates, refer to the official Government of India resources listed in the sidebar.
Disclaimer: This page is for general legal information. Application of criminal law depends on the facts, the date of the alleged conduct and other offences or procedural provisions involved.