Section 147 and 148 IPC in BNS: Section 191 Rioting, Bail

Section 147 IPC (rioting) is now Section 191(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 148 IPC (rioting armed with a deadly weapon) is now Section 191(3). Unlawful assembly, formerly Section 141 IPC, is defined in Section 189(1) BNS, and the famous Section 149 IPC is now Section 190 BNS.

Unlawful assembly: Section 189 BNS

An assembly of five or more persons is an unlawful assembly if the common object of its members is any of the following:

• to overawe by criminal force, or show of criminal force, the Central or State Government, Parliament, a State Legislature, or a public servant exercising lawful power;
• to resist the execution of any law or legal process;
• to commit mischief, criminal trespass or any other offence;
• by criminal force or show of it, to take possession of property, deprive a person of an incorporeal right such as a right of way or use of water, or enforce a supposed right;
• by criminal force or show of it, to compel a person to do what he is not legally bound to do, or to omit what he is legally entitled to do.

An assembly that was lawful when it gathered can become unlawful later, once its common object changes.

Offences within Section 189

All the Section 189 offences with a fixed punishment are cognizable, bailable and triable by any Magistrate under the BNSS First Schedule.

Rioting: Section 191 BNS

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, every member of that assembly is guilty of rioting. Its ingredients are:

• an unlawful assembly of five or more persons;
• use of force or violence by the assembly or any one member;
• the force was used in prosecution of the common object; and
• the accused was a member at that time.

Even one member’s violence makes every member guilty of rioting, which is why the offence is so frequently charged in group clashes.

Section 190 BNS: the old Section 149 IPC

Section 190 makes every member of an unlawful assembly guilty of an offence committed by any member in prosecution of the common object, or an offence the members knew was likely to be committed in prosecution of that object. It creates constructive (vicarious) liability. Its punishment and classification follow the offence actually committed, so “302 read with 149 IPC” is now charged as Section 103 read with Section 190 BNS.

What changed from the IPC

• Armed rioting is punished more severely: Section 148 IPC carried up to three years. Section 191(3) BNS carries up to five years, or fine, or both.
• Consolidation: the scattered IPC Sections 141 to 145, 150, 151, 157 and 158 now sit within Section 189, and Sections 146 to 148 within Section 191.
• Wider weapon wording continues: both 189(4) and 191(3) cover not only deadly weapons but “anything which, used as a weapon of offence, is likely to cause death”.
• Other punishments: membership, joining after dispersal order, armed membership and simple rioting keep the same maximums as before.

Important case law

Masalti v. State of U.P. (1964) 8 SCR 133

A Constitution Bench held that it is not necessary for every member of an unlawful assembly to play an active role. The prosecution must prove membership and the shared common object; once that is shown, each member is liable for the offence committed in prosecution of that object. Courts usually look for consistent evidence of several witnesses in such large group cases.

Parshuram v. State of Madhya Pradesh, decided 3 November 2023

A three-judge bench reaffirmed that no overt act needs to be proved against each member; membership with the common object is enough. On the facts, it found the assembly’s object to kill was not proved and altered the conviction from murder to culpable homicide not amounting to murder (Part II).

Lakshmi Singh v. State of Bihar (1976) 4 SCC 394

Where the prosecution fails to explain injuries on the accused in a group clash, the court may infer that the true origin of the incident has been hidden. This often decides rioting cases arising from mutual fights.

Common confusions

Section 190 vs Section 3(5) BNS (common intention)

Section 3(5) BNS (old Section 34 IPC) is only a rule of evidence and needs a prior meeting of minds and participation; it can apply to two persons. Section 190 creates a distinct liability, needs five or more, and requires only membership with a common object, not a prior plan.

Rioting vs affray

Affray, now Section 194 BNS (old 159 and 160 IPC), needs only two or more persons fighting in a public place and disturbing the peace. Rioting needs an unlawful assembly of five or more.

Number of accused below five

If some accused are acquitted and fewer than five remain, the conviction for rioting can still stand where the evidence shows that others, identified or unidentified, made up the five.

For the general public: what to do

• If you are attacked by a group, report at once; rioting is cognizable and the police must register an FIR.
• Get a medical examination done and keep the medico-legal report. Video clips from phones or CCTV help identify members, but ask the police to seize them with proper certification.
• If you are named in a group FIR, remember that Section 191(2) and 191(3) are bailable, so bail is a right on furnishing bonds. However, if heavier sections such as murder or grievous hurt are added with Section 190, bail becomes discretionary.
• Prohibitory orders under Section 163 BNSS (old Section 144 CrPC) may operate during unrest; joining an assembly after a dispersal command is itself an offence under Section 189(3) or (5).

Exam angle

• 141 = 189(1); 143 = 189(2); 144 = 189(4); 145 = 189(3); 147 = 191(2); 148 = 191(3); 149 = 190.
• Armed rioting maximum raised from 3 to 5 years.
• Minimum number for unlawful assembly and rioting: five. Affray: two.
• Do not confuse Section 144 IPC (armed member) with the old Section 144 CrPC prohibitory order, now Section 163 BNSS.
• Masalti: active role by every member is not needed for constructive liability.

Frequently asked questions

What is the new section for 147 IPC?

Section 147 IPC is now Section 191(2) BNS, with up to two years, or fine, or both.

What is the new section for 148 IPC?

Section 148 IPC is now Section 191(3) BNS. The maximum punishment rose from three years to five years, or fine, or both.

Is Section 191 BNS bailable?

Yes. Both Section 191(2) and Section 191(3) are cognizable and bailable under the BNSS First Schedule.

What is Section 149 IPC in BNS?

Section 149 IPC is now Section 190 BNS, which makes every member of an unlawful assembly liable for offences committed in prosecution of the common object.

Which BNS section defines unlawful assembly?

Section 189(1) BNS, which replaces Section 141 IPC and requires five or more persons with one of the listed common objects.

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 189 to 191 (India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule
• Masalti v. State of U.P. (1964) 8 SCR 133, Constitution Bench
• Parshuram v. State of Madhya Pradesh, Supreme Court, 3 November 2023

This page is for education and general information, not legal advice for a specific case.