SECTION 147 IPC - Indian Penal Code - Punishment for rioting

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.

IPC 147 in Simple Words

If someone is involved in rioting, they can be punished with up to two years in jail, a fine, or both.

Cited by

• Osama Aziz vs The State Of Uttar Pradesh

• Md Abdul Sufan Laskar and Ors vs State Of Assam

• Gireesan Nair vs The State Of Kerala

• Ravishwar Manjhi and Ors vs State Of Jharkhand

• Mehtab Singh And Ors vs The State Of Madhya Pradesh

Many riots in the name of caste and religion, or due to political reasons are on an increase in India. The question that arises here is, under what laws are ‘riots’ held criminal and what is the punishment for rioting in India.

This article deals with the punishment and law on bail related to riots as stated under Section 147 of the IPC (Indian Penal Code).

What is Section 147 IPC?

According to Section 146 IPC, whenever violence or force is used by an unlawful assembly, each person involved in that unlawful assembly will be guilty of rioting.

Section 147 of the Indian Penal Code gives the punishment for such rioting. Whoever is held guilty of rioting will be punished with imprisonment extending up to 2 years, or fine, or both.

Many times, persons with mal intention of disruption, are seen rioting and vandalizing during peaceful demonstrations. Section 147 has been enacted to punish such miscreants. Let's try to understand this with an example.

Example of IPC Section 147

The employees of a company were sitting on a peaceful dharna/demonstration, demanding some important changes. Many days had passed since they had sat on the dharna but none of their demands were accepted by the owner of the company. Some people who were opposed to this dharna started vandalizing property, pushing and hitting the employees on the peaceful dharna, in order to try to spoil and disrupt the demonstration. This created an atmosphere of violence there. On a complaint, the police arrived shortly and caught the persons creating the nuisance and violence, thereby registering a case against them, under Section 146 and 147 of the Indian Penal Code.

When is IPC 147 Applicable?

In order to understand who is considered a criminal under Section 147 of the Indian Penal Code, it is important to understand the ingredients and terms mentioned in Section 146 and 147 of IPC:

Unlawful Assembly: According to the Indian laws, when five or more people with a common intention (of showing criminal force, mischief, or committing an offense, etc.) are gathered together, it is called unlawful assembly.

Members of the Assembly: The accused person must be one of the members of that unlawful assembly. This means that the person was present in that meeting/gathering and was involved (in committing the unlawful act or crime).

Use of Force or Violence: Members of an assembly or group of people must use force or violence or possess dangerous weapons that can cause harm to another person.

Common Object: All the people involved in such assembly should have the same objective i.e. the same intention to intimidate, threaten, commit a crime or incite someone to commit a crime.

Obstructing Public Peace: Public peace should be obstructed due to the use of force or violence by such unlawful assembly.

Punishment under IPC Section 147 (Jail and Fine)

If a person or group of persons is caught by the police on the charge of rioting, then punishment is given under Section 147 of the IPC if the accused is found guilty by the court. The punishment for rioting / riots under Section 147 IPC is imprisonment up to 2 years, or fine, or both.

If any other illegal crime or any other violent act has been done by the accused, then action can also be taken under other IPC Sections in which the punishment can be increased in view of the crimes committed (depending upon the facts of each case).

How to get Bail in IPC 147

Section 147 of the IPC comes under the category of a cognizable offence and it is also a bailable offence, triable by any magistrate.

Other Sections related to the Offence of IPC Section 147

IPC Section 146: This section provides for the offence of rioting. It states that when force or violence is used by an unlawful assembly, they will be held guilty of the offence of rioting.

IPC Section 148: It states that whoever riots armed with a deadly weapon or any such thing which is likely to cause the death of another person, then they can be punished with imprisonment up to 3 years and fine.

IPC Section 149: According to this, all members of an unlawful assembly can be guilty of an offence (committed in prosecution of the common object), if at the time of the committing of that offence, all such persons were members of the assembly.

IPC Section 153A: Covers crimes of promoting enmity between people of different groups on the basis of religion, caste, place of birth, language etc.

Precautions to Prevent being held Guilty under Section 147 IPC

Any situation should ideally be negotiated and resolved in a peaceful manner. Rioting can land a person in trouble, and in order to prevent that, it is important to follow the below-mentioned points:

• Never speak negatively about anyone's caste or religion in a group event.

• If you feel that there may be a situation like violence or rioting in any public programme or gathering, one must leave immediately, because in the event of legal action against persons causing violence, action can also be taken against you.

• Do not go to any crowded place and do any anti-social work that will cause you to face trouble later.

• It is often seen that the rioter or person causing nuisance is someone else, but if you are also in the same place and a miscreant(s)/unlawful assembly is around you, then the police can accuse you too, and an action against you under IPC Section 147 could also be taken.

However, if you have fallen in legal trouble and have been held an accused under Section 147 IPC, you must take legal advice from an experienced criminal lawyer.