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Section 192: Wantonly Giving Provocation with Intent to Cause Riot

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

Chapter X: Of Offences Against Public Tranquillity
Any Magistrate
Bailable
Cognizable
Formerly Sec 153 IPC
Section 191 All 358 Sections of Bharatiya Nyaya Sanhita Section 193

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 192 BNS
Wantonly Giving Provocation with Intent to Cause Riot
 Imprisonment extending to 1 year, or fine, or both (up to 6 months if riot not committed). Bailable Cognizable Any Magistrate Formerly Sec 153 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 192

Section 192 penalizes wantonly giving provocation with intent to cause riot, providing imprisonment up to one year if rioting be committed, and imprisonment up to six months if rioting be not committed, alongside fine.

  • Wanton Provocation: Doing anything illegal, wantonly provoking another person intending or knowing it to be likely that such provocation will cause rioting.
  • Public Disorder Catalyst: Penalizes political agents provocateurs, inflammatory sloganeering, and public provocations.
  • Graduated Sentencing: Imprisonment up to one year if a riot ensues; up to six months if a riot does not occur (formerly Section 153 IPC).
Key Landmark Precedents:
  • Kedar Nath Singh v. State of Bihar (AIR 1962 SC 955): Examined provocative conduct calculated to disrupt public peace under Section 153 IPC (Section 192 BNS), holding that deliberate provocation to riot is an offence against public order.
  • Bilal Ahmed Kaloo v. State of A.P. (1997) 7 SCC 431: Reaffirmed that wanton provocation requires proof of calculated words or acts likely to trigger communal or civil violence.
Courtroom Practice & Strategic Litigation Guidance:

In speech-related FIRs, challenge the 'illegal' element: Section 192 BNS requires the act done to be 'illegal'. If your client delivered a speech that did not violate any specific statute or prohibitory order, Section 192 cannot be invoked.

Section 191 All 358 Sections of Bharatiya Nyaya Sanhita Section 193