Rioting: Definition, Essential elements and Statutory Provisions under IPC

Q. What is rioting? [2018 - 4 marks]

Definition of Rioting
Section 146 of the Indian Panel Code states Rioting as "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."

Essentials of Rioting
As per Section 146 of the IPC it is clear that the following are the essentials of rioting:
1. There should be an unlawful assembly.
2. Force or violence used by all or any member of the unlawful assembly.
3. The force or violence should be used to achieve a common object.

Statutory Provisions
Section 146 of the IPC provides definition and makes it an offence.
Section 147 of the IPC provides punishment for rioting. The punishment could be up to 2 years or fine of both.
Section 148 of the IPC provides punishment for rioting armed with deadly weapons. If the rioters uses deadly weapons, the punishment will increase to 3 years or fine or both.

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