Section 146 IPC: Rioting
Indian Penal Code, 1860
Section 146 IPC at a Glance
Section 146 IPC deals with rioting. From 1 July 2024 it is replaced by Section 191(1) BNS.
None of its own. Rioting is punished under Section 147 IPC with imprisonment of either description for up to two years.
Section 146 IPC Bare Act Text
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.
Source: Section 146, Indian Penal Code, 1860
Section 146 IPC in Simple Words
Section 146 of the Indian Penal Code (IPC) defines rioting. When 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 the offence of rioting.
The assembly is an unlawful assembly as Section 141 IPC defines it, and a member is a person within Section 142 IPC. The section sets no punishment of its own.
Rioting is punished under Section 147 IPC with imprisonment of either description for up to two years, or fine, or both. Rioting armed with a deadly weapon, or with anything which used as a weapon of offence is likely to cause death, is punished under Section 148 IPC.
Ingredients of Section 146 IPC
- 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
Punishment Under Section 146 IPC
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. Section 147 IPC allows fine instead of imprisonment or together with it.
Section 146 IPC has no entry in the First Schedule to the CrPC, because it only defines rioting. The entry for rioting is Section 147 IPC, which is cognizable and bailable and is triable by any Magistrate. Rioting armed with a deadly weapon, Section 148 IPC, is cognizable and bailable and is triable by a Magistrate of the first class.
Example of Section 146 IPC
When Section 146 IPC Does Not Apply
- Section 146 IPC does not apply when fewer than five persons gather or when the group lacks a common object specified in Section 141 IPC.
- Section 146 IPC does not apply when neither the unlawful assembly nor any of its members uses force or violence.
- Section 146 IPC does not apply when a member uses force or violence for an independent personal quarrel rather than in prosecution of the assembly's common object.
- Section 146 IPC does not apply to a person who has not intentionally joined or continued in the unlawful assembly as a member.
- Section 146 IPC does not itself prescribe the sentence or procedural classification for rioting, as those are governed by Sections 147 and 148 IPC and the First Schedule to the CrPC.
Section 146 IPC in the BNS
Section 146 IPC is now covered under 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.
View detailed comparison (IPC 146 vs BNS 191(1)) →FAQs on Section 146 IPC
What is rioting under Section 146 IPC?▼
Whenever force or violence is used by an unlawful assembly, or by any member of it, in prosecution of the common object of the assembly, every member of the assembly is guilty of the offence of rioting.
Under Section 146 IPC, what is an unlawful assembly?▼
Under Section 141 IPC, an assembly of five or more persons whose common object is one of the objects that section lists.
Under Section 146 IPC, who is a member of the assembly?▼
Under Section 142 IPC, a person who, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it.
Under Section 146 IPC, is a member guilty where another member used the force?▼
Yes. The section makes every member of the assembly guilty of rioting when force or violence is used by any member of it in prosecution of the common object.
Under Section 146 IPC, what is the punishment for rioting?▼
Section 146 IPC prescribes none. Section 147 IPC punishes rioting with imprisonment of either description for up to two years, or fine, or both. Section 148 IPC punishes rioting armed with a deadly weapon, or with anything which used as a weapon of offence is likely to cause death, with imprisonment of either description for up to three years, or fine, or both.
Under Section 146 IPC, is rioting cognizable and bailable?▼
Section 146 IPC has no entry in the First Schedule to the CrPC. Rioting under Section 147 IPC is cognizable and bailable and is triable by any Magistrate. Rioting armed with a deadly weapon under Section 148 IPC is also cognizable and bailable and is triable by a Magistrate of the first class.
How does Section 146 IPC differ from Section 149 IPC?▼
Section 146 IPC makes every member of an unlawful assembly guilty of rioting when force or violence is used in prosecution of its common object. Section 149 IPC makes every person who, at the time of committing an offence, is a member of the assembly guilty of that offence where any member commits it in prosecution of the common object, or where it is such as the members knew to be likely to be committed in prosecution of that object.
Where is Section 146 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 191(1) BNS, in the same words.
Have questions about Section 146 IPC?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·