Section 146 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 146 – Rioting
What Section 146 Says (Simplified)
Section 146 defines the offense of rioting and its key components.
Key Elements of Rioting under Section 146
Use of Force or Violence:
Rioting involves the use or threat of force or violence by an unlawful assembly or group of people.
Unlawful Assembly:
The act must be committed by an unlawful assembly, which means a group of people gathered with a common purpose that is unlawful or causes fear or disturbance.
Common Objective:
The force or violence must be in pursuance of the common object of the assembly, i.e., all participants share the intention behind the violence.
Disturbance of Public Peace:
The act causes or is likely to cause a disturbance to public peace or order.
What Constitutes Rioting?
It is when a group of people, acting together unlawfully, uses force or violence or threatens to do so.
The force used may be against people or property.
The group acts in a way that disrupts the normal peace and safety of the community.
Purpose of the Section
To prevent and penalize violent group behavior that threatens public safety.
To maintain law and order by discouraging collective violence.
To clearly define when group action crosses from lawful assembly or protest into criminal riot.
Punishment
The section prescribes punishment for rioting, which may include:
Imprisonment (duration as specified),
Fine, or
Both,
Depending on the gravity of the riot.
Summary Table
| Aspect | Explanation |
|---|---|
| Offense | Rioting involving force or violence |
| Perpetrators | Members of an unlawful assembly acting with a common objective |
| Nature of Act | Use or threat of force/violence causing public disturbance |
| Goal of Law | Maintain public order and prevent group violence |
| Punishment | Imprisonment, fine, or both |
In Simple Terms:
If a group of people gathers unlawfully and starts using force or violence to achieve their shared purpose, disturbing public peace, they are committing rioting under Section 146.
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