Introduction of Section BNS 192
192 BNS addresses the offence of provoking others with the intent to cause a riot. It highlights that anyone who intentionally or recklessly provokes a group, knowing such actions could lead to public violence, will be held criminally responsible. Importantly, the law makes it clear that even if the riot does not actually take place, the person giving provocation will still face punishment. This provision is vital in protecting public peace, discouraging inflammatory acts, and ensuring accountability for attempts to incite riots.
The Bharatiya Nyaya Sanhita (BNS) Section 192 replaces the old Indian Penal Code (IPC) Section 153.
What is BNS Section 192 ?
Section 192 of the Bharatiya Nyaya Sanhita (BNS) focuses on individuals who provoke others in a way that could lead to a riot. If the riot occurs, they can be imprisoned for up to one year or fined, or both. If the riot does not occur, the punishment is imprisonment for up to six months or a fine, or both.
Under Section 192 of the bns act 2023
“Whoever, wantonly or with intent to cause, or knowing it to be likely that he will cause, any provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall—
(a) if rioting be committed in consequence of such provocation, be punished with imprisonment which may extend to one year, or with fine, or with both;
(b) if rioting be not committed, be punished with imprisonment which may extend to six months, or with fine, or with both.”
1. Meaning of “Wantonly Giving Provocation”
- Provocation → any act, word, or gesture that excites anger or violence in others.
- Wantonly → doing it recklessly, without caring for the consequences.
- If someone provokes another person with the intent to cause a riot or knowing it is likely to cause a riot, they are guilty.
- Even attempts to provoke are punishable, whether or not a riot happens.
2. Who is Covered?
This section applies to:
- Any individual who intentionally or recklessly provokes others to riot.
- Political speakers, leaders, or individuals who make inflammatory statements.
- Persons spreading rumors with the intent of creating community tension.
- Those instigating crowds at rallies, protests, or gatherings.
3. Nature of the Offence
- Cognizable → Police can arrest without a warrant.
- Bailable → Accused can seek bail and may be released during trial.
- Non-Compoundable → Case cannot be settled privately; must go through court.
- Triable by Any Magistrate → Heard by lower courts for quick justice.
4. Examples of BNS Section 192
- Example 1 – Riot Committed
At a political rally, a leader shouts slogans urging the crowd to attack the police. The crowd turns violent and starts rioting. The leader is guilty under BNS 192(a), since rioting occurred. - Example 2 – Riot Not Committed
During a religious gathering, someone spreads a false rumor about another community, hoping to spark violence. The crowd gets angry but no riot actually happens. The person is still guilty under BNS 192(b). - Example 3 – Not Guilty
A person casually makes a statement in private without intent, and no likelihood of rioting exists. Since there was no intention or foreseeable provocation, they are not guilty.
5. Punishment under BNS Section 192
- If riot is committed due to provocation → Imprisonment up to 1 year, or fine, or both.
- If riot is not committed → Imprisonment up to 6 months, or fine, or both.
6. Importance of BNS Section 192
- Prevents Public Disorder → stops reckless or malicious provocation.
- Ensures Accountability → punishes not only rioters but also instigators.
- Balances Justice → provides different punishments based on outcome (riot or no riot).
- Protects Social Harmony → discourages hate speech, rumors, and inflammatory acts.
Section 192 BNS Overview
BNS Section 192 deals with a situation where someone purposely provokes others to commit rioting. If their provocation leads to actual rioting, the provoker is punished with imprisonment or a fine. If no riot happens, the provoker can still be jailed or fined for their attempt to incite violence.
BNS Section 192 – 10 Key Points
- Intentional Provocation for Rioting
This section applies to cases where a person, with malicious intent, does something illegal to provoke others into rioting. The provocation is a key factor, whether it’s through words, actions, or other means. - Malignant or Wanton Actions
The individual provoking the riot must act in a harmful or reckless way. Their actions should be done with the knowledge that it is likely to lead to a disturbance or public disorder, such as a riot. - Consequences if Riot is Committed
If the provocation results in a riot, the provoker faces serious consequences, including imprisonment for up to one year, a fine, or both. This makes it clear that instigating violence is not tolerated. - Consequences if Riot is Not Committed
Even if the provocation does not lead to an actual riot, the individual responsible can still face punishment. In this case, the sentence may be imprisonment for up to six months or a fine, or both. - Cognizable Offense
BNS Section 192 is a cognizable offense, which means the police have the authority to arrest the accused without a warrant. This allows law enforcement to act quickly in cases where there’s a risk of public disorder. - Bailable Offense
While the offense is serious, it is still bailable. This means the accused can apply for bail and may not need to remain in custody until the trial is completed. - Tried by Any Magistrate
Cases under this section can be heard and decided by any Magistrate, which means that it is not restricted to higher courts. This makes the legal process faster and more accessible for both the accused and the victims. - Non-Compoundable Nature
The offense is non-compoundable, which means that the charges cannot be dropped or settled out of court. The legal process must proceed, ensuring that the provocation and its consequences are properly addressed in court. - Focus on Public Safety
The section emphasizes the importance of maintaining public peace and order. Provocation leading to riots is considered a serious offense because it threatens the safety and stability of the community. - Preventing Public Disorder
BNS Section 192 serves as a deterrent, discouraging people from engaging in activities that could lead to riots. The law ensures that individuals are held accountable for provoking violence or public disturbances.
Examples of BNS Section 192
- Example 1: Political Rally Provocation
Imagine a political rally where a speaker intentionally makes inflammatory remarks, encouraging the crowd to attack the police. If the crowd responds by rioting and attacking law enforcement, the speaker who provoked them would be charged under BNS Section 192 for instigating the riot. - Example 2: Religious Event Disturbance
At a religious gathering, someone deliberately spreads false rumors about another community, hoping to incite violence between the groups. Even if no violence occurs, the person responsible for spreading the rumors could be punished under BNS Section 192 for trying to provoke a riot.
BNS 192 Punishment
- Imprisonment:
If the riot occurs due to provocation, the punishment is imprisonment for up to one year. If the riot does not occur, the imprisonment term can extend up to six months. - Fine:
Along with imprisonment, a fine may also be imposed. The fine can be levied whether or not the riot occurs, depending on the gravity of the offense.
BNS 192 bailable or not ?
BNS Section 192 is bailable, meaning that the accused can apply for bail and does not have to remain in custody during the trial. The accused can secure temporary freedom while the legal proceedings are ongoing.
Comparison Table – BNS Section 192 vs IPC Sections 153 & 153A
| Aspect | BNS Section 192 | IPC Section 153 | IPC Section 153A |
|---|---|---|---|
| Core Focus | Provoking others with intent to cause a riot | Provocation with intent to cause riot (general public mischief) | Promoting enmity between groups on grounds of religion, race, etc. |
| Punishment if Riot Occurs | Imprisonment up to 1 year, fine, or both | Imprisonment up to 1 year, fine, or both | Imprisonment up to 3 years, fine, or both |
| Punishment if Riot Not Committed | Imprisonment up to 6 months, fine, or both | Imprisonment up to 6 months, fine, or both | Still punishable with up to 3 years, fine, or both |
| Offence Type | Cognizable, Bailable, Non-compoundable | Cognizable, Bailable, Non-compoundable | Cognizable, Non-bailable, Non-compoundable |
| Trial By | Any Magistrate | Any Magistrate | Magistrate of the First Class |
BNS Section 192 FAQs
What is the main focus of BNS Section 192?
It deals with people who intentionally provoke others to cause a riot. If the riot happens, or even if it doesn’t, the person can be punished.
What is the punishment if a riot occurs after provocation?
If the riot happens due to the provocation, the person responsible can face up to one year in prison, a fine, or both.
What if the provocation does not lead to a riot?
Even if the riot does not occur, the provoker can be punished with up to six months of imprisonment or a fine, or both.
Is this offense bailable or non-bailable?
BNS Section 192 is bailable, meaning the accused can apply for bail and may not have to stay in custody during the trial.
Who can try cases under BNS Section 192?
Any Magistrate can handle cases related to Section 192.
Can the charges under BNS Section 192 be settled out of court?
No, the offense is non-compoundable, meaning it cannot be settled between the parties, and the legal process must be followed.
Conclusion
BNS Section 192 plays a vital role in preventing riots before they start. It punishes not only those who succeed in inciting riots but also those who attempt to provoke others recklessly. By holding individuals accountable for their words and actions, this section promotes public order, discourages inflammatory speeches, and ensures community harmony. Compared with IPC Sections 153 and 153A, it continues the legacy of tackling provocation but with more clarity and alignment to today’s needs. This provision is an essential safeguard for maintaining peace in society.
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