Section 191 BNS: Rioting

Section 191 BNS | BNS 191

191(1) BNS

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.

191(2) BNS

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.

191(3) BNS

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.

FAQs of BNS Section 191

  1. 191 BNS punishment and fine

    Punishment and fine under Section 191 of the BNS—
    191(2): Imprisonment for 2 years, or fine, or both. 
    191(3): Imprisonment for 5 years, or fine, or both.

  2. 191 BNS cognizable or not

    The offence under Section 191 of the BNS is cognizable.

  3. 191 BNS bailable or not

    The offence under Section 191 of the BNS is bailable.

  4. 191 BNS trial court

    Offence specified in Section 191(2) of the BNS is triable by Any Magistrate,
    while the offence specified in Section 191(3) is triable by the Magistrate of the first class.

Important Points

  • Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.
  • Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.
  • Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • In the above FAQ, “trial court” means the court that has jurisdiction to try the offence.
  • In the above FAQ, the expression “Magistrate of the first class” and “Any Magistrate” does not include Executive Magistrates.

Read other Sections of the BNS

Reference Link: New Criminal Laws (BNS), Ministry of Home Affairs

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