INDIAN KANOON SECTION 153 IPC - Indian Penal Code - Wanton-ly giving provocation with intent to cause riot


Description

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.


Applicable Offences

1. Wantonly giving provocation with intent to cause riot, If rioting be committed

Punishment - 1 Year or Fine or Both
This is a Bailable, Cognizable offence and triable by Any Magistrate

2. If not committed

Punishment - 6 Months or Fine or Both
This is a Bailable, Cognizable offence and triable by Magistrate First Class

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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