192 BNS

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Introduction of Section BNS 192

BNS Section 192 deals with the offense of provoking someone intentionally or recklessly with the aim to cause a riot. If a riot occurs because of the provocation, the person responsible for the provocation will face legal punishment. Even if the riot does not happen, the individual can still be punished for their actions. This section is designed to prevent people from causing disorder or violence by encouraging others to riot.

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The Bharatiya Nyaya Sanhita (BNS) Section 192 replaces the old Indian Penal Code (IPC) Section 153.

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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.

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BNS 192 in Simple Points

1. Provocation with Intent to Cause Riot:
   This section applies to individuals who act with the purpose of provoking others to cause a riot. The person might do something illegal or harmful, knowing it might lead to violence or disturbance in public order.
2. Punishment if Riot is Committed:
   If the provocation successfully causes a riot, the person who provoked it can face imprisonment for up to one year. They may also have to pay a fine, or both punishments could be applied.
3. Punishment if Riot is Not Committed:
   If the provocation does not result in a riot, the punishment is less severe. The person can be imprisoned for up to six months or fined, or both. This ensures that even unsuccessful attempts to provoke riots are penalized.
4. Cognizable and Bailable Offense:
   The offense is cognizable, meaning the police can arrest the accused without a warrant. However, it is also bailable, which means the accused can apply for bail and may not have to remain in custody until the trial.
5. Triable by Any Magistrate:
   Cases under Section 192 can be tried by any Magistrate, ensuring that the offense is handled promptly within the judicial system. This makes it easier for the courts to process such cases efficiently.

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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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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

1. 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.
2. 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.

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BNS 192 Punishment

1. 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.
2. 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.

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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.

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Bharatiya Nyaya Sanhita Section 192

Section	Offense	Punishment	Bailable/Non-Bailable	Compoundable/Non-Compoundable	Trial Court
BNS Section 192	Provocation with intent to cause a riot	Imprisonment up to 1 year, or fine, or both	Bailable	Non-Compoundable	Any Magistrate
BNS Section 192	If riot is not committed	Imprisonment up to 6 months, or fine, or both	Bailable	Non-Compoundable	Any Magistrate

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BNS Section 192 FAQs

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