Riot

Rioting is the offence committed when any member of an unlawful assembly uses force or violence in prosecution of the common object of the assembly. Rioting is the aggravated form of unlawful assembly — it arises when the unlawful assembly (five or more persons sharing a common unlawful object) moves from threatening, showing, or planning force to actually using force or committing violence. Section 191 BNS (formerly Section 146 IPC) provides 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 of such assembly is guilty of the offence of rioting.

Rioting with a deadly weapon: Section 191(2) BNS (formerly Section 148 IPC) — rioting when armed with a deadly weapon — carries heavier punishment. A 'deadly weapon' includes any instrument that is capable of causing death or grievous hurt — guns, swords, iron rods, sharp-edged weapons. A person who is a member of a rioting assembly in which deadly weapons are being used is guilty under Section 191(2) even if they personally were not armed.

Distinction between rioting and unlawful assembly: unlawful assembly is the base offence — five or more persons with a common unlawful object. Rioting is the aggravated form — when the unlawful assembly moves to actual use of force or violence. A person can be guilty of being a member of an unlawful assembly without being guilty of rioting (if no force was used). If force is used by any member, all members become liable for rioting.

Section 190 BNS and constructive rioting liability: the effect of Section 190 BNS (formerly Section 149 IPC) is to make every member of the unlawful assembly constructively guilty of rioting — even if they personally did not strike a blow — if the violence was committed in prosecution of the common object or was a foreseeable consequence. This makes convicting mob members for rioting much more straightforward than requiring proof that each individual used force.

For advocates, rioting cases require: (1) challenging the unlawful assembly component — establishing that the accused was not a member; (2) challenging the common object — the assembly did not share an unlawful object; (3) establishing that the accused left the assembly before violence erupted; (4) police excesses — challenging police firing as excessive; and (5) bail applications for accused persons arrested in communal/sectarian disturbances where rioting is alleged.