Updated on March 12, 2025 10:13:56 AM
Section 191 of BNS defines the offence related to Rioting, previously covered under Sections 146 to 148 of the Indian Penal Code. Rioting is the term used to describe when a sizable crowd acts aggressively and disruptively in public. Property damage, arson, shoplifting, and altercations with law authorities are commonplace. Riots can happen for a number of reasons, including social injustice, political instability, and financial difficulties. They are typically seen as illegal in addition to being dangerous for individuals and society.
But until Rioting is demonstrated in court through legal process, it remains just a claim. If the accused swears to present, they may be granted bail during the trial. This page aims to provide a thorough knowledge of the criminal offence of rioting, its punishment, and the legal procedure regarding bail.
Here, is an overview of Section 191 of BNS given below:
| Offence | Rioting |
|---|---|
| Section under BNS | Section 191 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 2 to 5 years, Fine or Both |
| Triable | Police station| Any Magistrate |
Section 191 clearly defines that -“(1) 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 of such assembly is guilty of the offence of rioting.
(2) 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.
(3) 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 five years, or with fine, or with both.”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing.
On your behalf, the lawyer drafts a bail application. In this application, they outline all the relevant details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If necessary, your lawyer can represent you in court to make arguments and plead for your release regarding the bail. Bail will be granted or denied by the court based on the severity of the crime, evidence, character, and public interest.
The accused is released under conditions such as bond payment, police check-ins, and travel restrictions if granted. To ensure proper representation and compliance with legal protocols, obtaining legal guidance is crucial throughout this procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Section 146, which addresses rioting, is crucial to maintaining social order and protecting public safety. Its legal ramifications emphasise the severity of such actions, emphasising the need for deterrence and accountability. The punishments outlined in this section serve as a deterrent against riotous behaviour, recognizing the potential harm to individuals and communities. Under this section, bail considerations reflect the delicate balance between ensuring justice and protecting the rights of the accused. Section 146, therefore, encapsulates the legal framework that ensures fairness in justice while maintaining peace.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nyaya Sahinta Act 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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Disclaimer: The content provided on this site is intended for informational purposes only. Accessing or utilizing this site and its materials does not establish an attorney-client relationship. The information contained herein does not constitute legal or professional advice and should not be relied upon as such. It is not a substitute for obtaining legal counsel from a qualified attorney licensed in your jurisdiction
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