Section 192 BNS: Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed

Bharatiya Nyaya Sanhita, 2023

Section 192 BNS at a Glance

Section 192 BNS deals with wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed. It is bailable and cognizable, triable by any Magistrate; it replaced Section 153 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to one year if rioting is committed in consequence of the provocation, or up to six months if it is not.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 153 →

Section 192 BNS Bare Act Text

192. Wantonly giving provocation with intent to cause riot, if rioting be committed; if not committed

Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Source: Section 192, Bharatiya Nyaya Sanhita, 2023

Section 192 BNS in Simple Words

Section 192 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who malignantly, or wantonly by doing anything which is illegal, gives provocation to any person, intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed. If rioting is actually committed as a result of the provocation, the offender is punishable with imprisonment of either description for up to one year, or with fine, or with both. Even if rioting is not committed, giving such provocation is punishable with imprisonment of either description for up to six months, or with fine, or with both.

This provision is aimed at people who deliberately or recklessly stir up group violence through illegal and provocative acts. The focus is not on lawful criticism or ordinary disagreement, because the section requires that the provocation be given malignantly, or wantonly by doing something illegal, with the intention or knowledge that rioting is likely to follow.

The prosecution must show a clear link between the illegal or malignant provocation and the likelihood of rioting. In practice, this section allows police and courts to act against conduct that triggers or risks triggering a riot.

Ingredients of Section 192 BNS

  • Provocation given to a person malignantly, or wantonly by doing anything which is illegal
  • The intention that the provocation will cause the offence of rioting to be committed, or knowledge that it is likely to
  • Imprisonment of up to one year where rioting is committed in consequence of the provocation, or up to six months where it is not

Punishment Under Section 192 BNS

Imprisonment

Imprisonment of either description for up to one year if rioting is committed in consequence of the provocation, or up to six months if it is not.

Fine

In either case the offender may be punished with fine alone or with both imprisonment and fine.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Giving provocation intending or knowing it to be likely that rioting will result carries imprisonment of either description for up to one year, or fine, or both where rioting is committed, and up to six months, or fine, or both where rioting is not committed.

Example of Section 192 BNS

A man strikes a member of a rival gathering, which is an illegal act, intending to provoke the gathering to riot. Rioting follows in consequence of the provocation. The man is liable under Section 192 BNS and imprisonment may extend to one year. Had rioting not followed, the limit would have been six months.

When Section 192 BNS Does Not Apply

  • The provocation was not given by doing anything which is illegal
  • The accused neither intended the provocation to cause rioting nor knew it to be likely to cause rioting
  • The provocation was given neither malignantly nor wantonly
  • The conduct complained of is rioting itself, which Section 191(2) BNS punishes

Section 192 BNS in the IPC (Previous Law)

Section 192 BNS replaces Section 153 IPC from the old criminal code.

Section 153 IPC is now Section 192 BNS, with the same title, the same words and the same punishments.

View IPC Section 153 →

FAQs on Section 192 BNS

What kind of act can attract Section 192 BNS?▼

Provocation that is given malignantly, or wantonly by doing an illegal act, with the intention or knowledge that it is likely to cause rioting can attract this section. The key question is whether the accused did an illegal act malignantly or wantonly expecting or intending a riot to follow.

Is an actual riot necessary for Section 192 BNS to apply?▼

No. The section punishes both situations. If rioting is committed in consequence of the provocation, imprisonment may extend to one year, or fine, or both. If rioting is not committed, imprisonment may extend to six months, or fine, or both.

Can a social media post fall under Section 192 BNS?▼

Yes, if the post amounts to an illegal act done malignantly or wantonly with the intention or knowledge that it is likely to provoke rioting. Courts will look at the illegality of the act, context, audience, and likely impact. Mere lawful criticism or opinion is not enough.

Is Section 192 BNS bailable?▼

Yes, both limbs of Section 192 BNS are cognizable, bailable, and not compoundable, and are triable by any Magistrate.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·