Section 153 IPC: Wantonly giving provocation with intent to cause riot, if rioting be committed; if not committed
Indian Penal Code, 1860
Section 153 IPC at a Glance
Section 153 IPC deals with wantonly giving provocation with intent to cause riot, if rioting be committed; if not committed. It is bailable and cognizable; from 1 July 2024 it is replaced by Section 192 BNS.
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.
Section 153 IPC Bare Act Text
153. 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 153, Indian Penal Code, 1860
Section 153 IPC in Simple Words
Section 153 of the Indian Penal Code (IPC) punishes a person who malignantly, or wantonly by doing anything which is illegal, gives provocation to any person, intending that the provocation will cause the offence of rioting to be committed, or knowing it to be likely that it will. The punishment is imprisonment of either description for up to one year, or fine, or both, if rioting is committed in consequence of the provocation.
If rioting is not committed, the term is up to six months, or fine, or both. The offence is cognizable and bailable.
It is triable by any Magistrate where rioting is committed and by a Magistrate of the first class where it is not.
Ingredients of Section 153 IPC
- The accused gave provocation to a person
- The accused did so malignantly, or wantonly by doing anything which is illegal
- The accused intended that the provocation would cause the offence of rioting to be committed, or knew it to be likely that it would
- Rioting was committed in consequence of the provocation, which brings the limit of one year, or rioting was not committed, which brings the limit of six months
Punishment Under Section 153 IPC
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.
In either case the offender may be punished with fine alone or with both imprisonment and fine.
Giving provocation intending or knowing it to be likely that rioting will result carries a higher limit where rioting is committed. Both limbs are cognizable and bailable, and the trial court differs.
Example of Section 153 IPC
When Section 153 IPC Does Not Apply
- Section 153 IPC does not apply when the provocation arises from a lawful act rather than from doing something that is illegal.
- Section 153 IPC does not apply if the person giving provocation neither intended to cause the offence of rioting nor knew that rioting was likely to follow.
- Section 153 IPC does not apply where the act causing annoyance was committed accidentally or in good faith rather than malignantly or wantonly.
- Section 153 IPC does not apply if the accused directly participates in rioting without having given the initial provocation, as rioting itself is separately punished under Section 147 IPC.
Section 153 IPC in the BNS
Section 153 IPC is now covered under Section 192 BNS.
Section 153 IPC is now Section 192 BNS, with the same title, the same words and the same punishments.
View detailed comparison (IPC 153 vs BNS 192) →FAQs on Section 153 IPC
What does Section 153 IPC provide?▼
It punishes a person who malignantly, or wantonly by doing anything which is illegal, gives provocation to any person, intending that the provocation will cause the offence of rioting to be committed or knowing it to be likely that it will.
What is the punishment under Section 153 IPC?▼
If rioting is committed in consequence of the provocation, imprisonment of either description for up to one year, or fine, or both. If rioting is not committed, imprisonment of either description for up to six months, or fine, or both.
Does rioting have to be committed for Section 153 IPC to apply?▼
No. The section applies whether or not rioting is committed. The limit of imprisonment is higher where rioting is committed in consequence of the provocation.
How does Section 153 IPC relate to Section 146 IPC and Section 147 IPC?▼
Section 146 IPC defines the offence of rioting and Section 147 IPC punishes it with imprisonment of up to two years, or fine, or both. Section 153 IPC punishes the giving of the provocation that is intended or known to be likely to cause that offence.
Is an offence under Section 153 IPC cognizable and bailable?▼
It is cognizable and bailable, whether or not rioting is committed.
Which court tries an offence under Section 153 IPC?▼
Any Magistrate where rioting is committed. A Magistrate of the first class where rioting is not committed.
Can an offence under Section 153 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 153 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 192 BNS.
Have questions about Section 153 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 ·