191. (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.
BNS Section 191: Rioting
Section 191 of the Bharatiya Nyaya Sanhita, 2023 deals with rioting. It replaces IPC 146, IPC 147, IPC 148 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 191(2) is cognizable and bailable; 191(3) is cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 191(2) | Rioting. | Imprisonment for 2 years, or fine, or both. | Cognizable | Bailable | Any Magistrate |
| 191(3) | Rioting, armed with a deadly weapon. | Imprisonment for 5 years, or fine, or both. | Cognizable | Bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 191
IPC sections replaced
- IPC 146: Rioting
- IPC 147: Punishment for rioting → BNS 191(2)
- IPC 148: Rioting, armed with deadly weapon → BNS 191(3)
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