Section 147 of the Bharatiya Nyaya Sanhita (BNS), 2023
๐ Section 147 โ Rioting
๐น Overview:
Section 147 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the offence of rioting. It deals with situations where a group of people engage in violent or tumultuous conduct that disturbs public peace.
๐ Detailed Explanation:
โ What Constitutes Rioting?
According to Section 147:
When five or more persons come together with a common intent to commit an unlawful act, and
In doing so, they use force or violence, or threaten the use of force or violence,
And their actions cause disturbance to public peace or cause fear in people,
It amounts to rioting.
๐น Essential Ingredients:
Number of Persons:
At least five people must be involved.
A group of fewer than five people does not qualify as rioting under this section.
Common Object:
The group must share a common intent or purpose.
This common object usually involves committing an illegal act or using force.
Use or Threat of Force:
The persons involved must use or threaten to use force or violence.
Mere assembly without violence does not amount to rioting.
Unlawful Act:
The act they intend to commit or the violence they use must be unlawful.
โ๏ธ Legal Impact:
Rioting is a criminal offence because it endangers public peace and safety.
It involves collective responsibility, meaning all members involved can be held liable, even if an individual did not personally commit the violent act.
๐ง Examples:
A mob of 10 people gathers and breaks windows of shops during a protest.
A group of 7 people forcibly enter a public place and start a violent clash.
๐ Significance:
This section helps maintain law and order by penalizing violent group behavior.
It prevents the danger of collective violence and intimidation in society.
The law recognizes that unlawful violence by groups poses a greater threat than isolated acts.
๐ Summary:
Section 147 BNS, 2023 defines rioting as the use of force or violence by a group of five or more people acting with a common unlawful purpose.
It criminalizes collective violence that disturbs public peace.
This provision aims to protect society from mob violence and uphold public order.
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