Section 148 IPC: Rioting, armed with deadly weapon

Indian Penal Code, 1860

Section 148 IPC at a Glance

Section 148 IPC deals with rioting, armed with deadly weapon. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 191(3) BNS.

Punishment

Imprisonment of either description for a term which may extend to three years, or fine, or both.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 191(3) →

Section 148 IPC Bare Act Text

148. Rioting, armed with deadly weapon

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 three years, or with fine, or with both.

Source: Section 148, Indian Penal Code, 1860

Section 148 IPC in Simple Words

Section 148 of the Indian Penal Code (IPC) punishes rioting by a person who is armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death. 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.

The punishment is imprisonment of either description for up to three years, or fine, or both. The offence is cognizable and bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 148 IPC

  • Force or violence was used by an unlawful assembly, or by a member of it, in prosecution of the common object of that assembly
  • The assembly was an unlawful assembly under Section 141 IPC, an assembly of five or more persons whose common object is one of those the section lists
  • The accused was a member of that assembly and so guilty of rioting under Section 146 IPC
  • The accused was armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death

Punishment Under Section 148 IPC

Imprisonment

Imprisonment of either description for a term which may extend to three years, or fine, or both.

Fine

Fine with no fixed limit, alone or with imprisonment.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Rioting armed with a deadly weapon is punishable with imprisonment of either description for up to three years, or with fine, or with both.

Example of Section 148 IPC

In 2017 in Ujjain, seven men assembled at a grain warehouse with the common object of dispossessing its owner by criminal force, forming an unlawful assembly under Section 141 IPC. In prosecution of that common object, the group violently broke down the warehouse shutters, making every member guilty of rioting under Section 146 IPC. During the riot, Tarun, one of the members, was armed with a dagger, a deadly weapon, and an iron crowbar likely to cause death if used as a weapon of offence. Tarun is punishable under Section 148 IPC.

When Section 148 IPC Does Not Apply

  • Section 148 IPC does not apply when the group does not constitute an unlawful assembly under Section 141 IPC.
  • Section 148 IPC does not apply when no force or violence is used by the unlawful assembly or any of its members in prosecution of the common object, as no rioting has taken place.
  • Section 148 IPC does not apply to a member guilty of rioting who was not personally armed with a deadly weapon or anything likely to cause death when used as a weapon of offence, as that member is punishable only under Section 147 IPC.

Section 148 IPC in the BNS

Section 148 IPC is now covered under 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.

View detailed comparison (IPC 148 vs BNS 191(3)) →

FAQs on Section 148 IPC

What does Section 148 IPC provide?▼

It punishes rioting by a person who is armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death.

What is the punishment under Section 148 IPC?▼

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

Under Section 148 IPC, what is rioting under the IPC?▼

Section 146 IPC provides that 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 148 IPC differ from Section 147 IPC?▼

Section 147 IPC punishes rioting with imprisonment of up to two years, or fine, or both, and any Magistrate may try it. Section 148 IPC applies where the person guilty of rioting is armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death. It carries imprisonment of up to three years, or fine, or both, and a Magistrate of the first class tries it.

Is an offence under Section 148 IPC cognizable and bailable?▼

It is cognizable and bailable.

Which court tries an offence under Section 148 IPC?▼

A Magistrate of the first class.

Can an offence under Section 148 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 148 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 191(3) BNS, where the longest term of imprisonment is five years.

Have questions about Section 148 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 ·