Section 146 of Indian Penal Code, 1860 – Rioting:
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.
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Section 147 of Indian Penal Code, 1860 – Punishment for rioting:
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.
Riot—Definition and liability:
Riot is an unlawful assembly in a particular state of activity. An unlawful assembly in a state of violence becomes a riot. It is an aggravated form of being a member of an unlawful assembly. It is punishable with imprisonment of either description upto 2 years or fine or both (Section 147).
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Whoever is guilty of rioting when armed with deadly weapons shall, on account of the aggravation caused by being so armed, be punishable with imprisonment of either description upto three years or fine or both (Section 148).
Other cognate offences are wanton and malignant provocation by doing anything illegal with intent to cause riot, punishable with imprisonment of either description upto 6 months or fine or both if riot is not committed, and with imprisonment of either description upto one year or fine or both if riot is committed (Section 153) and promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. (Section 153-A), imputations, assertions prejudicial to national integration (Section 153-B), and assaulting or obstructing a public servant in the suppression of riot (Section 152).
What is riot?
The basis of the law as to rioting is the definition of an unlawful assembly, a riot being simply an unlawful assembly in a particular state of activity, that activity being accompanied by the use of force or violence. It is only the use of force that distinguishes rioting from an unlawful assembly.
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Ingredients:
The offence of rioting involves (a) the use of force or violence; (b) by an unlawful assembly, or by any member thereof; (c) in prosecution of the common object of such assembly.