Section 192 BNS - Wantonly Giving Provocation with Intent to Cause Riot
Section 192 of the Bharatiya Nyaya Sanhita, 2023 deals with malignant or wanton illegal provocation given with the intention, or knowledge of likelihood, that the provocation will cause rioting. The punishment depends on whether rioting is actually committed as a consequence.
Text of Section 192 BNS
192. Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed.
Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
What does Section 192 BNS mean?
Section 192 targets deliberate or reckless illegal provocation connected with the possible commission of rioting. It applies where a person malignantly, or wantonly through an illegal act, provokes another person and either intends that rioting should result or knows that rioting is likely to result.
The section creates two punishment levels. The more serious consequence applies where the provocation actually results in rioting. A lower maximum punishment applies where the prohibited provocation occurs but no riot is ultimately committed.
Essential ingredients of Section 192 BNS
For Section 192 to apply, the prosecution must establish the statutory elements. In practical terms, the provision requires proof that:
- The accused gave provocation to another person.
- The provocation was given malignantly, or wantonly by doing something illegal.
- The accused intended that the provocation would cause rioting, or knew that rioting was likely to be caused.
- For the higher punishment, the offence of rioting must actually have been committed in consequence of that provocation.
The words concerning intention or knowledge are important because Section 192 does not punish every provocative statement or act. The conduct must satisfy the statutory mental element and must be linked to the contemplated offence of rioting.
Punishment under Section 192 BNS
| Situation | Maximum punishment |
|---|---|
| Rioting is committed in consequence of the provocation | Imprisonment of either description up to 1 year, or fine, or both |
| Rioting is not committed | Imprisonment of either description up to 6 months, or fine, or both |
Is Section 192 BNS cognizable and bailable?
Yes. The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies both forms of the Section 192 offence as cognizable and bailable. Both are triable by any Magistrate.
| Section 192 situation | Cognizable | Bailable | Triable by |
|---|---|---|---|
| Rioting committed after provocation | Yes | Yes | Any Magistrate |
| Rioting not committed | Yes | Yes | Any Magistrate |
The classification is taken from the BNSS First Schedule. In an actual criminal case, other offences added to the FIR or charge may affect the overall procedural position.
Relationship with Section 191 BNS on rioting
Section 191 BNS defines rioting. It applies when force or violence is used by an unlawful assembly, or by any member of it, in prosecution of the common object of the assembly.
Section 192 operates at an earlier or causative stage. It addresses a person who gives the prohibited provocation intending or knowing that such provocation is likely to cause rioting. The punishment then depends on whether the riot is actually committed.
Related provisions
- Section 191 - Rioting
- Section 193 - Liability of owner, occupier, etc. of land on which an unlawful assembly or riot takes place
- Section 194 - Affray
- Section 195 - Assaulting or obstructing public servant when suppressing riot, etc.
- Section 196 - Promoting enmity between different groups and acts prejudicial to harmony
- Section 197 - Imputations and assertions prejudicial to national integration
Practical legal significance
A Section 192 allegation requires more than proof of an argument, inflammatory conduct or a provocative act in the ordinary sense. The prosecution must establish the specific statutory character of the provocation, the required intention or knowledge concerning rioting and, where the higher punishment is sought, a causal connection between the provocation and the riot that followed.
If no riot takes place, Section 192 can still apply because the section expressly provides a separate punishment for that situation. However, the prosecution must still prove the prohibited provocation and the required intention or knowledge.
Frequently asked questions
What is the maximum punishment if a riot actually occurs?
The maximum punishment is imprisonment of either description for one year, or fine, or both.
Can Section 192 apply even when no riot occurs?
Yes. If the statutory provocation is established but rioting is not committed, the maximum punishment is six months' imprisonment, or fine, or both.
Is Section 192 BNS bailable?
Yes. Both situations under Section 192 are bailable under the BNSS First Schedule.
Is Section 192 BNS cognizable?
Yes. Both are classified as cognizable offences.
Which court can try an offence under Section 192?
The BNSS First Schedule provides that both forms of the offence are triable by any Magistrate.
Official legal resources
For authoritative statutory text and current Government publications, use the official resources in the sidebar.
Disclaimer: This page provides general legal information. The application of criminal law depends on the facts, the date of the alleged conduct and all offences or procedural provisions involved in the case.