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BNS Section 192

Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed

190.Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.


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Key Points:
Provocation:

Provocation refers to an action or behavior that instigates or stirs up a response in others, especially one that may lead to violence or illegal acts.
In this section, provocation is done malignantly (with ill intent) or wantonly (recklessly or without care for the consequences).

Intent to Cause Riot:
The provocation must be done with the intention of causing a riot or with the knowledge that it is likely to lead to a riot.
A riot is defined as the unlawful assembly of five or more persons who commit a violent act in furtherance of their common objective.

Illegal Acts Leading to Provocation:
The provocation must involve an illegal act. This means the person is doing something unlawful that triggers others to potentially riot.
For example, a person might destroy property or make inflammatory speeches to provoke others into engaging in violent group behavior.

Punishment When Riot Is Committed:
If a riot does occur as a direct result of the provocation, the person who gave the provocation can be punished with:
Imprisonment of up to one year, or
Fine, or
Both.
The severity of the punishment reflects the gravity of the outcome, as the offense successfully incited a riot.

Punishment When Riot Is Not Committed:
If the provocation does not result in a riot, the person can still be punished for their attempt, though the punishment is less severe:
Imprisonment of up to six months, or
Fine, or
Both.
This acknowledges that the person’s actions were still dangerous and unlawful, even if they did not result in actual rioting.

Malignant and Wanton Acts:
Malignant refers to actions done with deliberate ill-will or harm.
Wanton acts are those done recklessly, without regard for the harm they may cause.
Both types of behavior are punishable under this section, as they reflect a reckless disregard for public order.

Responsibility for Consequences:
Even if the individual who gave the provocation did not personally participate in the riot, they are still held responsible because their actions led to the riot.
The law punishes the instigator, not just those who participate in the riot.


Offence : Wantonly giving provocation with intent to cause riot, if rioting be committed.


Punishment : Imprisonment for 1 year, or fine, or both.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Any Magistrate.


Offence : If not committed.


Punishment : Imprisonment for 6 months, or fine, or both.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Any Magistrate.




Looking for information on the Bharatiya Nyaya Sanhita? Check out our exhaustive list of BNS all sections offering in-depth explanations and legal insights for each section.


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