BNS Section 191

Section 191 of the Bharatiya Nyaya Sanhita (BNS) deals with the offense of Rioting.

(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.

Example:
In response to their university debarring them from sitting for their examinations due to low attendance, Vijay and 30 other students assemble in the university and destroy the classrooms and physically assault their principal. Vijay and the other students involved are guilty of the offence under this section.

Key Points in BNS-191
 

1. Definition of Rioting:
    

   • Rioting involves the use of force or violence by an unlawful assembly or by any of its members. The act must be in furtherance of the common objective of the assembly.
      

2. Unlawful Assembly:
    

   • An unlawful assembly is a gathering of three or more people with the common purpose of using force or violence, or of doing something that is illegal or against the law.
      

3. Guilt of Rioting:
    

   • Every member of an unlawful assembly is deemed guilty of rioting if the group engages in violence or force in pursuit of their common purpose.
      

4. Punishment for Rioting:
    

   • General Case: The punishment for rioting includes imprisonment for up to two years, a fine, or both.
      

   • Armed Rioting: If the rioting involves members who are armed with a deadly weapon or something likely to cause death if used as an offensive weapon, the punishment is more severe. It includes imprisonment for up to five years, a fine, or both.
      

5. Deadly Weapon:
    

   • A deadly weapon is anything that, when used in a certain manner, is likely to cause serious injury or death. This includes firearms, knives, or any other objects that can inflict significant harm.
      

Important Aspects:
 

• Liability of Members: All members of an unlawful assembly are collectively responsible for the violence or force used, reflecting the principle of collective responsibility within such assemblies.
   

• Severity of Punishment: The law differentiates between rioting with or without weapons. The severity of the punishment increases significantly if the rioting involves deadly weapons, emphasizing the greater danger posed by armed violence.
   

• Objective of the Assembly: The common object or purpose of the unlawful assembly must be considered. If the violence or force is used to achieve this common objective, all members are held accountable.
   

Summary:

BNS-191 defines and penalizes rioting, which occurs when an unlawful assembly uses force or violence in pursuit of their common objective. All members of such an assembly are guilty of rioting and can face imprisonment of up to two years, a fine, or both. If the rioting involves deadly weapons or items that could cause death, the punishment can extend to five years of imprisonment, a fine, or both. This section underscores the principle of collective responsibility and the increased severity of punishment for armed violence.

Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.