Sections 146, 147 and 148 IPC - Rioting, Punishment and Rioting Armed with Deadly Weapon

Sections 146 to 148 of the Indian Penal Code, 1860 dealt with rioting by an unlawful assembly. Section 146 defined when the use of force or violence turns the conduct of an unlawful assembly into rioting, Section 147 prescribed the ordinary punishment, and Section 148 provided a higher maximum punishment where the rioter was armed with a deadly weapon or a weapon of offence likely to cause death.

Legal position covered: This article explains Sections 146, 147 and 148 IPC and their procedural classification under the Code of Criminal Procedure, 1973 immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Section 146 IPC - Rioting

146. 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.

Essential ingredients of rioting

There must be an unlawful assembly within the meaning of Section 141 IPC.
Force or violence must be used by the unlawful assembly or by any member of it.
The force or violence must be used in prosecution of the common object of that assembly.
When these statutory conditions are satisfied, Section 146 states that every member of the assembly is guilty of rioting.

Common object and use of force or violence

The connection between the force or violence and the common object is fundamental to Section 146. The provision is not framed merely around the presence of several persons at a place. It requires an unlawful assembly and force or violence used in prosecution of that assembly's common object.

Section 147 IPC - Punishment for rioting

147. 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.

Section 148 IPC - Rioting armed with deadly weapon

148. Rioting, armed with deadly weapon. 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 three years, or with fine, or with both.

What makes Section 148 more serious?

Section 148 requires the person to be guilty of rioting and also to be armed with a deadly weapon, or with an object which, if used as a weapon of offence, is likely to cause death. This additional circumstance raises the maximum term of imprisonment from two years under Section 147 to three years under Section 148.

Punishment and CrPC classification

Provision	Section 147 IPC	Section 148 IPC
Offence	Rioting	Rioting while armed with deadly or death-likely weapon
Maximum imprisonment	2 years	3 years
Fine	Fine may also be imposed	Fine may also be imposed
Cognizable	Yes	Yes
Bailable	Yes	Yes
Triable by	Any Magistrate	Any Magistrate

Difference between unlawful assembly and rioting

An unlawful assembly is defined by Section 141 by reference to an assembly of five or more persons having one of the specified common objects. Rioting under Section 146 adds another element: force or violence is used by the unlawful assembly or a member of it in prosecution of that common object. Thus, the statutory definitions are related but not identical.

Sections 144 and 148 IPC - important distinction

Section 144 IPC concerned membership of an unlawful assembly while armed with a deadly weapon or other death-likely weapon of offence. Section 148 applied where the person was guilty of rioting and was armed in the manner described by that provision. The element of rioting under Section 146 therefore distinguishes Section 148 from Section 144.

How Sections 146, 147 and 148 work together

Section	Function
146	Defines rioting through use of force or violence in prosecution of the common object of an unlawful assembly.
147	Prescribes the ordinary punishment for rioting.
148	Prescribes punishment for a rioter armed with a deadly weapon or death-likely weapon of offence.

Key point

Under Section 146, force or violence used by even one member may result in every member of the unlawful assembly being guilty of rioting when that force or violence is used in prosecution of the assembly's common object. Section 148 adds the further circumstance that the particular person guilty of rioting is armed as described in that section.