Section 147 IPC: Punishment for rioting

Indian Penal Code, 1860

Section 147 IPC at a Glance

Section 147 IPC deals with punishment for rioting. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 191(2) BNS.

Punishment

Imprisonment of either description for up to two years.

Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Section 147 IPC Bare Act Text

147. Punishment for rioting

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.

Source: Section 147, Indian Penal Code, 1860

Section 147 IPC in Simple Words

Section 147 of the Indian Penal Code (IPC) fixes the punishment for rioting. Whoever is guilty of rioting shall be punished with imprisonment of either description for up to two years, or with fine, or with both. Section 146 IPC defines rioting. The offence is cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 147 IPC

  • There was an unlawful assembly, which Section 141 IPC defines as an assembly of five or more persons with one of the common objects it lists
  • Force or violence was used by that assembly or by any member of it
  • The force or violence was used in prosecution of the common object of the assembly
  • The accused was a member of that assembly

Punishment Under Section 147 IPC

Imprisonment

Imprisonment of either description for up to two years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Rioting carries imprisonment for up to two years, or fine, or both.

Example of Section 147 IPC

In 2020 in Vellore, Gautam and four associates assembled outside a municipal water pump with the common object of preventing civic staff by criminal force from opening the supply valve, forming an unlawful assembly under Section 141 IPC. In prosecution of that common object, Gautam pushed the municipal operator away from the valve and smashed the control wheel with his bare hands while the other four blocked the entrance. Because violence and force were used in prosecution of the assembly's common object, Gautam and his four associates are guilty of rioting and are punishable under Section 147 IPC.

When Section 147 IPC Does Not Apply

  • Section 147 IPC does not apply when fewer than five individuals gather, as there is no unlawful assembly.
  • Section 147 IPC does not apply when neither the unlawful assembly nor any of its members uses force or violence in prosecution of its common object.
  • Section 147 IPC does not apply when the accused was merely present nearby and was not a member of the unlawful assembly.
  • Section 147 IPC does not apply to a rioter who was armed with a deadly weapon or an object likely to cause death when used as a weapon of offence, as that offender is punished under Section 148 IPC.

Section 147 IPC in the BNS

Section 147 IPC is now covered under 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.

View detailed comparison (IPC 147 vs BNS 191(2)) โ†’

FAQs on Section 147 IPC

What does Section 147 IPC provide?โ–ผ

It punishes whoever is guilty of rioting with imprisonment of either description for up to two years, or with fine, or with both.

What is the punishment under Section 147 IPC?โ–ผ

Imprisonment of either description for up to two years, or fine, or both.

What is rioting for Section 147 IPC?โ–ผ

Section 146 IPC defines it. 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.

How does Section 147 IPC differ from Section 148 IPC?โ–ผ

Section 147 IPC punishes rioting with imprisonment for up to two years, or fine, or both. Section 148 IPC punishes rioting while armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, with imprisonment for up to three years, or fine, or both.

Is an offence under Section 147 IPC cognizable and bailable?โ–ผ

It is cognizable and bailable.

Which court tries an offence under Section 147 IPC?โ–ผ

Any Magistrate.

Can an offence under Section 147 IPC be compounded?โ–ผ

No. It is not listed in Section 320 CrPC.

Where is Section 147 IPC in the Bharatiya Nyaya Sanhita?โ–ผ

In Section 191(2) BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท