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Introduction of Section BNS 191

BNS Section 191 deals with rioting, which occurs when a group of people uses violence while pursuing a common goal. It states that all members of the group are responsible if any member commits violence. The section also outlines penalties, including imprisonment and fines, to discourage such behavior and maintain public order.


The Bharatiya Nyaya Sanhita (BNS) Section 191 replaces the old Indian Penal Code (IPC) Section 146.

The Bharatiya Nyaya Sanhita (BNS) Section 191 replaces the old Indian Penal Code (IPC) Section 147.

The Bharatiya Nyaya Sanhita (BNS) Section 191 replaces the old Indian Penal Code (IPC) Section 148.



What is BNS Section 191 ?

BNS Section 191 addresses the legal implications of rioting, which is defined as the use of force or violence by an unlawful assembly or its members to pursue a common objective. This section holds all members of the unlawful assembly accountable for rioting if violence occurs during the assembly’s activities.


Graphic depicting the legal implications of rioting under BNS Section 191, highlighting unlawful assembly and accountability.
BNS 191 outlines the legal consequences of rioting, emphasizing that all members of an unlawful assembly can be held accountable for violence that occurs.

BNS 191 in Simple Points

  1. Definition of Rioting: Rioting occurs when a group of people engages in violent behavior or uses force while pursuing a common goal. This section emphasizes that if violence is used by any member of an unlawful assembly, all members can be charged with the offence of rioting.
  2. Collective Responsibility: All members of the assembly are equally responsible for the act of rioting, even if only a few individuals are actively engaging in the violent behavior. This collective responsibility is intended to deter individuals from participating in unlawful assemblies.
  3. Punishment for Rioting: The punishment for those found guilty of rioting can include imprisonment for up to two years, a fine, or both. If a member commits rioting while armed with a deadly weapon, the punishment can increase to five years of imprisonment.
  4. Classification of the Offence: The offence of rioting is classified as cognizable, meaning that police can arrest without a warrant, and it is also bailable, allowing the accused to seek bail. The seriousness of the offence determines the court that will try the case.
  5. Application to Armed Rioters: If the rioters are armed with weapons capable of causing death, the law imposes stricter penalties. This reflects the increased danger posed by armed individuals within a riot, leading to harsher consequences for those involved.

Section 191 BNS Overview

BNS Section 191 addresses rioting, highlighting the responsibilities and penalties for individuals involved in unlawful assemblies. By ensuring collective accountability and imposing significant penalties for violent actions, the law seeks to prevent disruptions to public peace and safety, reflecting the importance of lawful behavior in society.

BNS Section 191 : 10 Key Points

1. Definition of Rioting

Rioting refers to a situation where a group of people uses force or violence while pursuing a common goal. Under this section, if violence occurs during an unlawful assembly, every member of that assembly is considered guilty of rioting. The law aims to deter individuals from participating in such assemblies by holding them accountable for the actions of the group.

2. Unlawful Assembly

An unlawful assembly consists of five or more people gathered with a common intent that may lead to a disturbance of the peace. It does not necessarily start as unlawful; if the assembly engages in violent actions, it becomes unlawful. This section specifically addresses the consequences when such violence occurs.

3. Collective Responsibility

In the case of rioting, all members of the assembly are collectively responsible for the violent actions of any individual. This means that even if someone did not directly participate in the violence but was part of the assembly, they can still be charged with rioting. This principle encourages accountability within groups.

4. Types of Punishments

The punishment for rioting can vary based on the circumstances. Generally, those found guilty of rioting may face imprisonment for up to two years, a fine, or both. If a member of the assembly is armed during the rioting, the punishment can escalate to five years of imprisonment. This differentiation aims to impose stricter consequences for more dangerous behaviors.

5. Armed Rioters

If someone participates in a riot while armed with a deadly weapon, they face a harsher penalty. This recognizes the increased risk and potential harm posed by individuals with weapons, emphasizing that armed participation in a riot is a serious crime with severe repercussions.

6. Cognizability of the Offence

The offence of rioting is classified as cognizable, meaning that law enforcement can arrest individuals without a warrant. This classification is crucial in allowing quick action to prevent further violence and maintain public order.

7. Bail Status

BNS Section 2191 is bailable, which means that those accused of rioting can apply for bail. This allows individuals to be released from custody while awaiting trial, although the specifics of each case can influence bail conditions.

8. Trial Process

Cases of rioting can be tried in a court of law. The section specifies that these cases are typically handled by a magistrate. For armed rioters, the case might be heard by a first-class magistrate due to the increased seriousness of the offence.

9. Public Safety Considerations

The provisions of this section are designed to protect public safety and order. By imposing strict penalties on rioting, the law aims to deter individuals from participating in violent assemblies, thus maintaining peace in society. It reflects the need for lawful conduct and respect for public authority.

10. Impact on Society

BNS Section 191 serves a broader purpose in society by promoting the rule of law and discouraging mob behavior. It emphasizes that individuals are accountable for their actions within a group and that engaging in violence, even as part of a crowd, has serious legal consequences. This provision is essential for preserving social order and deterring unlawful assemblies.

Here are two simple examples of BNS Section 191 regarding rioting:

Example 1: Protest Gone Violent

Imagine a group of people gathers for a peaceful protest against a government policy. However, as the protest progresses, a few individuals start throwing stones and vandalizing nearby property. Since the group initially assembled for a lawful purpose but then engaged in violence, all members present at the protest can be charged with rioting under Section 191, even if they did not participate in the violent actions.

Example 2: Dispute at a Marketplace

Consider a situation where a group of vendors at a local market is unhappy with a new regulation imposed by the local authorities. They gather together to express their dissent. During the gathering, some individuals in the group become aggressive, pushing police officers and causing damage to stalls. Because the assembly became violent while pursuing their common objective of opposing the regulation, all members of that assembly can be prosecuted for rioting according to Section 191.


BNS 191 Punishment

  1. Imprisonment for Rioting: Individuals found guilty of rioting can face imprisonment of up to two years or a fine, or both, depending on the court’s decision.
  2. Imprisonment for Armed Rioting: If a person is guilty of rioting while armed with a deadly weapon, the punishment can extend to five years of imprisonment, highlighting the severity of violence when weapons are involved.

Punishments Under BNS Section 191 for Rioting
191 BNS Punishment outlines the punishments for rioting: up to two years imprisonment or a fine, and up to five years for armed rioting, reflecting the severity of the crime.

BNS 191 bailable or not ?

BNS Section 191 is considered bailable. This means that individuals accused of rioting can apply for bail, allowing them temporary release from custody while awaiting trial. However, the specific circumstances of the case and the nature of the offence may influence the bail conditions.


Bharatiya Nyaya Sanhita Section 191

SectionOffencePunishmentCognizabilityBail StatusTrial
191(1)Rioting by unlawful assemblyImprisonment for up to 2 years or fine or bothCognizableBailableAny Magistrate
191(2)Rioting (general)Imprisonment for up to 2 years or fine or bothCognizableBailableAny Magistrate
191(3)Rioting armed with a deadly weaponImprisonment for up to 5 years or fine or bothCognizableBailableMagistrate of the first class
Bharatiya Nyaya Sanhita Section 191

BNS Section 191 FAQs

What constitutes rioting under Section 191?

Can I be charged for rioting if I didn’t participate in the violence?

What is the punishment for rioting?

Is rioting a bailable offence?

Yes, rioting is classified as a bailable offence, allowing individuals to apply for bail.

What if a rioter uses a deadly weapon?

Which court will hear cases of rioting?


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