Section 191 BNS: Rioting
Bharatiya Nyaya Sanhita, 2023
Section 191 BNS at a Glance
Section 191 BNS deals with rioting. It replaced Sections 146, 147 and 148 IPC on 1 July 2024.
None of its own. Rioting is punished under Section 191(2) BNS with imprisonment of either description for up to two years.
Section 191 BNS Bare Act Text
(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.
(2) Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Source: Section 191, Bharatiya Nyaya Sanhita, 2023
Section 191 BNS in the IPC (Previous Law)
FAQs on Section 191 BNS
What is the main idea behind Section 191(1) BNS?▼
It says that if an unlawful assembly, or any member of it, uses force or violence in prosecution of the common object of the assembly, every member of the assembly is guilty of rioting.
Under Section 191(1) BNS, do all members of the group become liable?▼
Yes, if the person is a member of the unlawful assembly and force or violence is used by the assembly or any member in prosecution of its common object, every member of the assembly is guilty of rioting even if they did not personally strike the victim.
Is Section 191(1) BNS about punishment?▼
No. Section 191(1) BNS is the definition sub-section that explains when rioting is committed. The punishments are set out in Section 191(2) BNS and Section 191(3) BNS.
Where is Section 191(1) BNS found now?▼
The definition of rioting is found in Section 191(1) of the Bharatiya Nyaya Sanhita (BNS), 2023. The punishments for simple rioting and armed rioting are found in the same section under Section 191(2) BNS and Section 191(3) BNS.
Is mere presence at the spot enough for a charge under Section 191(2) BNS?▼
No. The prosecution must show that the person was a member of the unlawful assembly and was connected with the use of force or violence. Mere presence, without proof of participation or shared common object, is usually not enough.
What is the maximum punishment under Section 191(2) BNS?▼
The maximum punishment is imprisonment up to two years, or fine, or both. The exact sentence depends on the facts, the role played, and whether there are aggravating circumstances.
Can a case under Section 191(2) BNS be settled privately?▼
No, it is not compoundable. That means the parties cannot simply settle it and have the case closed on that basis. The court process will still continue unless the case is otherwise quashed or withdrawn according to law.
Is Section 191(2) BNS a bailable offence?▼
Yes, it is generally bailable. In practice, the accused can usually seek bail as a matter of right, subject to the court's procedure and the facts of the case.
What does Section 191(3) of the Bharatiya Nyaya Sanhita mean?▼
Section 191(3) BNS covers rioting when the person is armed with a deadly weapon, or with anything that, if used as a weapon, is likely to cause death. It applies when force or violence is used by an unlawful assembly, or by any member of it, in pursuit of the assembly’s common object.
What has to be proved for rioting with a deadly weapon under Section 191(3) BNS?▼
The text requires rioting first, which means force or violence must be used by an unlawful assembly or by one of its members in prosecution of the common object. For Section 191(3) BNS, it must also be shown that the person guilty of rioting was armed with a deadly weapon or with something likely to cause death if used as a weapon.
Is Section 191(3) BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment for rioting with a deadly weapon under Section 191(3) BNS?▼
The punishment under Section 191(3) BNS may extend to five years' imprisonment, or fine, or both. The text says imprisonment may be of either description.
Under Section 191(3) BNS, what is the difference between simple rioting and rioting with a deadly weapon?▼
Simple rioting is covered by Section 191(2) BNS, while rioting with a deadly weapon is covered by Section 191(3) BNS. Under Section 191(3) BNS, the added element is being armed with a deadly weapon or with anything likely to cause death if used as a weapon, and the maximum punishment goes up to five years.
Section 191 BNS: Sub-sections Explained
Section 191(1) BNS: Rioting
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Bare Act Text
(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.
Explained in Simple Words
This provision deals with rioting. It applies when force or violence is used by an unlawful assembly, or by any member of that assembly, in prosecution of the common object of the group. In simple terms, if five or more persons gather with a shared unlawful object and force or violence is used to carry out that object, every member of the assembly commits the offence of rioting.
The focus is not only on the individual who actually used force, but also on the group action. The practical significance is that liability extends beyond the person who struck the blow. If a person is a member of the unlawful assembly and the force or violence is used in prosecution of its common object, every member is guilty of rioting.
This section is often used in crowd violence, protest-related clashes, local faction fights, and group attacks. It helps police and courts address collective violence rather than isolated acts. Section 191(1) of the Bharatiya Nyaya Sanhita, 2023 defines the offence of rioting, while sub-sections (2) and (3) provide the punishments.
Key Ingredients
- An unlawful assembly
- Force or violence used by that assembly, or by any member of it, in prosecution of its common object
Punishment
🔒 None of its own. Rioting is punished under Section 191(2) BNS with imprisonment of either description for up to two years.
💰 None of its own. Section 191(2) BNS allows fine instead of imprisonment or together with it.
Section 191(1) BNS defines rioting and does not prescribe a separate punishment of its own. Simple rioting is punished under Section 191(2) BNS with imprisonment of either description for up to two years, or fine, or both, and rioting armed with a deadly weapon is punished under Section 191(3) BNS with imprisonment of either description for up to five years, or fine, or both.
Real-World Example
When This Does Not Apply
- There is no unlawful assembly, as where fewer than five persons are assembled
- No force or violence is used by the assembly or by any member of it
- The force or violence is not used in prosecution of the common object of the assembly
- The accused is not a member of the assembly
- The question is the punishment for the offence, which Sections 191(2) and 191(3) BNS provide
Previous Law
IPC 146 → Section 191(1) BNS
Section 146 IPC is now Section 191(1) BNS, with the same title and the same words. Section 191(1) 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.
Section 191(2) BNS: Punishment for rioting
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Bare Act Text
(2) Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explained in Simple Words
Section 191(2) of the Bharatiya Nyaya Sanhita (BNS) provides the punishment for rioting. Anyone who is guilty of rioting, as defined in Section 191(1) BNS, is punishable under this sub-section with imprisonment of either description for a term that may extend to two years, or with fine, or with both. Because every member of an unlawful assembly is guilty of rioting when force or violence is used in prosecution of its common object, each member can face this punishment even if they did not personally strike a blow.
In practice, this provision is used when police register cases after street clashes, mob violence, or group attacks where no deadly weapon was carried by the accused. For a person charged under Section 191(2) BNS, the prosecution must prove that there was an unlawful assembly, that force or violence was used in prosecution of its common object, and that the accused was a member of that assembly.
Key Ingredients
- An unlawful assembly
- Force or violence used by that assembly or by any member of it in prosecution of the common object of the assembly
- The accused is a member of that assembly
Punishment
🔒 Imprisonment of either description for up to two years.
💰 The offender may be punished with fine alone or with both imprisonment and fine.
Rioting carries imprisonment for up to two years, or fine, or both.
Real-World Example
When This Does Not Apply
- The persons assembled were fewer than five, so there was no unlawful assembly
- No force or violence was used by the assembly or by any member of it in prosecution of its common object
- The person charged was not a member of the assembly
- The charge is rioting while armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, which Section 191(3) BNS punishes
Previous Law
IPC 147 → Section 191(2) BNS
Section 147 IPC is now Section 191(2) BNS, with the same words and the same punishment. Section 191(2) BNS also holds the definition of rioting in Section 191(1) BNS and the armed form in Section 191(3) BNS.
Section 191(3) BNS: Rioting, armed with deadly weapon
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Bare Act Text
(3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Explained in Simple Words
Section 191(3) of the Bharatiya Nyaya Sanhita (BNS) deals with the aggravated offence of rioting while armed with a deadly weapon. It applies when a person is guilty of rioting under Section 191(1) BNS and, at the time of the rioting, is armed with a deadly weapon or with anything which, when used as a weapon of offence, is likely to cause death.
Because carrying a lethal weapon during group violence greatly increases the danger to life and public peace, the law prescribes a higher punishment than for simple rioting. A person convicted under Section 191(3) BNS is punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Key Ingredients
- Force or violence used by an unlawful assembly, or by any member of it, in prosecution of the common object of that assembly, which is rioting under Section 191(1) BNS
- The accused was guilty of that rioting
- Being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death
Punishment
🔒 Imprisonment of either description for up to five years.
💰 The offender may be punished with fine alone or with both imprisonment and fine.
Rioting while armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, carries imprisonment of either description for up to five years, or fine, or both under Section 191(3) BNS.
Real-World Example
When This Does Not Apply
- There was no unlawful assembly under Section 189(1) BNS
- No force or violence was used by the assembly, or by any member of it, in prosecution of its common object, so there was no rioting
- The accused was guilty of rioting but was not armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death. The offence is then rioting under Section 191(2) BNS
Previous Law
IPC 148 → Section 191(3) BNS
Section 148 IPC is now Section 191(3) BNS. The BNS gathers rioting, its punishment and the armed form into one section headed Rioting, and Section 191(3) BNS repeats the words of Section 148 IPC but for the term. The longest term of imprisonment is raised from three years to five years. The imprisonment of either description, the fine and the words that describe the offence are unchanged.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·