IPC 146 Is Now BNS 191(1): Rioting, What Changed

What Changed From IPC 146 to BNS 191(1)?

Section 146 IPC is now Section 191(1) BNS, with the same title and the same words. Section 191 BNS also carries the punishment for rioting in sub-section 2, which is unchanged at two years, and the punishment for rioting armed with a deadly weapon in sub-section 3. That sub-section raises the term from three years to five years.

IPC 146 vs BNS 191(1): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	146	191(1)
Offence	Rioting	Same
Punishment	None of its own. Rioting is punished under Section 147 IPC with imprisonment of either description for up to two years.	None of its own. Rioting is punished under Section 191(2) BNS with imprisonment of either description for up to two years.
Fine	None of its own. Section 147 IPC allows fine instead of imprisonment or together with it.	None of its own. Section 191(2) BNS allows fine instead of imprisonment or together with it.
Bail	Non-Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Non-Compoundable	Same

IPC 146 and BNS 191(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 146, IPC 1860

146. Rioting.—Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

BNS 2023 (in force)

Section 191(1), BNS 2023

(1) Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Ingredients: IPC 146 vs BNS 191(1)

Under IPC 146

An unlawful assembly, as Section 141 IPC defines it
Force or violence used by that assembly, or by any member of it
The force or violence used in prosecution of the common object of the assembly
The accused is a member of the assembly

Under BNS 191(1)

An unlawful assembly
Force or violence used by that assembly, or by any member of it, in prosecution of its common object

What IPC 146 to BNS 191(1) Means for Pending Cases

For Section 146 IPC (now Section 191(1) BNS): charges of rioting for an act done after the BNS came into force cite Section 191(1) BNS for what rioting is and Section 191(2) BNS for the punishment. The definition is unchanged. Rioting armed with a deadly weapon now falls under Section 191(3) BNS, which allows up to five years where the IPC allowed three.

FAQs: IPC 146 to BNS 191(1)

What changed when Section 146 IPC became Section 191(1) BNS?▼

Nothing in the definition. Section 191(1) BNS repeats the title and the words of Section 146 IPC. The change in Section 191 BNS is in sub-section 3, which raises the term for rioting armed with a deadly weapon from three years to five years.

Where does Section 146 IPC sit in the BNS?▼

In Section 191(1) BNS, in Chapter XI, Of Offences Against the Public Tranquillity. Sub-section 2 carries the punishment for rioting and sub-section 3 the punishment for rioting armed with a deadly weapon.

Does Section 146 IPC or Section 191(1) BNS apply to an act done before 1 July 2024?▼

Section 146 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 146 IPC. Section 191(1) BNS governs acts done on or after 1 July 2024.

IPC 146 to BNS 191(1): Rioting

IPC 146 to BNS 191(1) at a Glance