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Section 191: Rioting & Rioting Armed with Deadly Weapon

Bharatiya Nyaya Sanhita • Chapter X: Of Offences Against Public Tranquillity • Official Statutory Text & Legal Guide

Chapter X: Of Offences Against Public Tranquillity
Any Magistrate / Magistrate 1st Class
Bailable
Cognizable
Formerly Sec 147, 148 IPC
Section 190 All 358 Sections of Bharatiya Nyaya Sanhita Section 192

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 191(2) BNS
Punishment for Rioting (Simple Rioting by Unlawful Assembly)
 Imprisonment of either description for a term which may extend to 2 years, or with fine, or with both. Bailable Cognizable Any Magistrate Formerly Section 147 IPC
Section 191(3) BNS
Punishment for Rioting Armed with Deadly Weapon or Missile
 Imprisonment of either description for a term which may extend to 5 years, or with fine, or with both. Non-Bailable Cognizable Magistrate 1st Class Formerly Section 148 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 191

Section 191 defines and penalizes Rioting, providing that 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 is guilty of rioting, punishable with imprisonment up to two years, and up to three years if armed with deadly weapons.

  • Use of Force or Violence: The unlawful assembly (Section 189 BNS) transitions into rioting the moment ANY member uses force or physical violence.
  • In Prosecution of Common Object: The violence must be unleashed in furtherance of the shared unlawful object.
  • Aggravated Armed Rioting: Sub-section (3): Whoever is guilty of rioting being armed with a deadly weapon shall be punished with imprisonment up to three years, or fine, or both (formerly Sections 146-148 IPC).
Key Landmark Precedents:
  • State of Maharashtra v. Joseph Mingel Koli (1997) 2 SCC 520: The Supreme Court affirmed that rioting under Section 146/148 IPC (Section 191 BNS) requires both the existence of an unlawful assembly and the actual use of physical force or violence by its members.
  • Mariadasan v. State of T.N. (1980) 3 SCC 105: Affirmed that where weapons are carried by members of an unlawful assembly and violence ensues, armed rioting is completed.
Courtroom Practice & Strategic Litigation Guidance:

In defending against Section 191 BNS armed rioting charges, cross-examine on individual weapon attribution: if the police memo fails to assign a specific deadly weapon to your client, your client can be convicted at most under simple rioting, making them eligible for bail.

Section 190 All 358 Sections of Bharatiya Nyaya Sanhita Section 192