BNS Section 191: Rioting (2026)
What rioting means under Section 191 of the Bharatiya Nyaya Sanhita (BNS), the punishment for rioting and for rioting while armed, how it maps to the old IPC Sections 146 to 148, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Rioting is punished under Section 191 of the Bharatiya Nyaya Sanhita (BNS). It is committed when force or violence is used by an unlawful assembly, or by any of its members, in prosecution of the common object. The BNS has been in force since 1 July 2024 and replaces the Indian Penal Code (IPC). If you still look up "IPC 147" or "IPC 148", Section 191 is the provision you now need. This explainer sets out what rioting means, the punishment, how it maps to the old law, and the classification. Last verified October 2026.
- New section: rioting is Section 191 of the BNS, in force since 1 July 2024.
- Old sections: it replaced IPC 146 (definition), 147 (punishment) and 148 (rioting while armed).
- Punishment: plain rioting up to two years, or fine, or both; rioting while armed up to five years, or fine, or both.
- Classification: cognizable. Plain rioting is bailable; rioting while armed is non-bailable.
01Why the section number matters now
For generations, rioting meant "Section 147" and rioting with a deadly weapon meant "Section 148". These were among the most common charges in public order cases. Since 1 July 2024 the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and rioting now sits in a single Section 191.
This matters in practice. A charge sheet for an offence committed on or after 1 July 2024 cites Section 191, not Section 147 or 148. Older matters keep their IPC number, because the law that applies is the law on the date of the offence. For some years both sets of numbers will appear in live files.
02What rioting means
Rioting is the use of force or violence by an unlawful assembly. Section 191(1) says that whenever force or violence is used by an unlawful assembly, or by any member of it, in prosecution of the common object of that assembly, every member of the assembly is guilty of rioting.
So rioting builds on the idea of an unlawful assembly, which is a group of five or more persons with a shared unlawful object. The moment that group, or any member acting for the group, uses force or violence, the offence of rioting is made out against every member.
Rioting and common object go together
Rioting is often charged with the common object rule, which makes every member of the assembly liable for what any member does. For that rule, see Section 190 of the BNS.
03Punishment, including rioting while armed
Section 191 sets two levels of punishment.
- Section 191(2), plain rioting: imprisonment of either description up to two years, or a fine, or both.
- Section 191(3), rioting while armed: where a person is guilty of rioting and is armed with a deadly weapon, or with anything which, used as a weapon, is likely to cause death, the punishment is imprisonment of either description up to five years, or a fine, or both.
Being armed with a deadly weapon during a riot raises the maximum sentence from two years to five years.
04Old to new: IPC to BNS 191
Section 191 brings together the old rioting provisions of the IPC into one section.
| Part of BNS 191 | What it covers | Old law (IPC) |
|---|---|---|
| 191(1) | Definition of rioting | Section 146 |
| 191(2) | Punishment for rioting | Section 147 |
| 191(3) | Rioting armed with a deadly weapon | Section 148 |
So the offences lawyers knew as IPC 147 and 148 are now Section 191(2) and 191(3) of the BNS. The punishments are carried over.
05Classification
On classification, rioting under Section 191 is:
- Cognizable: the police can register an FIR and investigate without prior approval of a court.
- Bailable (plain rioting): plain rioting under 191(2) is treated as bailable, carried over from IPC Section 147.
- Non-bailable (rioting while armed): rioting with a deadly weapon under 191(3) is treated as non-bailable, carried over from IPC Section 148.
- Triable: by a Magistrate.
06What changed from the old law
For rioting, the change is mainly the section number and the tidier structure. The definition, the two levels of punishment and the heavier treatment of rioting while armed are carried over from IPC Sections 146 to 148. So the older case law on those sections still guides how Section 191 of the BNS is read.
Rioting is rarely charged alone. It usually comes with the common object rule in Section 190 of the BNS, and sometimes with other offences committed during the disturbance.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Public order and riot matters tend to carry many accused and travel through more than one court, and the two sentencing levels in Section 191 draw on a long line of rulings under the old Sections 146 to 148. Claw lets you search 30 crore and more judgments, including Supreme Court decisions since 1950 and High Court decisions since 1990, to see how rioting and rioting while armed have been treated. It also keeps watch on the cases, orders and hearings in a live matter across 9,102 courts, benches and forums, with answers in under 5 seconds.
Nothing you upload trains the model: Claw does not use customer case documents to train its AI. Create a free Claw account to read these judgments and to track a live rioting matter by party or advocate name. To look across the wider body of law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 191, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is IPC 147 in the BNS?
Rioting, earlier punished under Section 147 of the IPC, is now Section 191(2) of the Bharatiya Nyaya Sanhita, 2023. The definition is in Section 191(1) and rioting while armed is in Section 191(3). It applies to offences committed on or after 1 July 2024.
What is the punishment for rioting under BNS Section 191?
Plain rioting under Section 191(2) carries imprisonment up to two years, or a fine, or both. Rioting while armed with a deadly weapon under Section 191(3) carries imprisonment up to five years, or a fine, or both.
Is rioting under BNS 191 bailable?
Plain rioting under Section 191(2) is treated as bailable, as under old IPC Section 147. Rioting while armed with a deadly weapon under Section 191(3) is treated as non-bailable, as under old IPC Section 148. Both are cognizable.
How many people are needed for rioting?
Rioting requires an unlawful assembly, which is a group of five or more persons with a shared unlawful object. When that assembly, or any member acting for it, uses force or violence in prosecution of the common object, the offence of rioting is made out.
What is the difference between Section 190 and Section 191?
Section 191 defines and punishes rioting, the use of force or violence by an unlawful assembly. Section 190 is the common object rule, which makes every member of the assembly liable for an offence committed by any member in prosecution of the common object. The two are often charged together.
Can I track a rioting case under Section 191 in Claw?
Yes. Claw tracks a rioting matter by party or advocate name, following its cases, orders and listed hearings across 9,102 courts, benches and forums, answering in under 5 seconds, with 30 crore and more judgments available to search. It tracks and researches the case but does not give legal advice.