Section 153 IPC - Wantonly Giving Provocation With Intent to Cause Riot

Section 153 of the Indian Penal Code, 1860 punished a person who malignantly or wantonly, by doing something illegal, gave provocation to another person while intending or knowing it to be likely that the provocation would cause the offence of rioting to be committed.

Historical law note: This article explains Section 153 IPC in the legal framework applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is retained for understanding matters governed by the earlier Indian Penal Code.

Section 153 of the Indian Penal Code 1860

Wantonly giving provocation with intent to cause riot - if rioting be committed - if not committed.

Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Meaning and Scope of Section 153 IPC

Section 153 was directed at provocative illegal conduct connected with the risk of rioting. The section required more than the mere fact that another person was angered or provoked. Its wording connected the provocation with an illegal act and with an intention, or knowledge of likelihood, that the provocation would cause the offence of rioting.

The punishment depended on the consequence. Where rioting was actually committed in consequence of the provocation, the maximum imprisonment was higher. Where rioting was not committed, the section prescribed a lower maximum term.

Essential Ingredients of Section 153 IPC

The accused must do something that is illegal.
The act must be done malignantly or wantonly in the manner contemplated by the section.
The illegal act must give provocation to a person.
The accused must intend that the provocation will cause rioting, or know it to be likely that it will cause rioting.
If the enhanced consequence is alleged, the offence of rioting must actually be committed in consequence of that provocation.

Meaning of Illegal Under Section 43 IPC

For the pre-BNS IPC framework, Section 43 IPC defined the word "illegal". It applied to everything which is an offence, which is prohibited by law, or which furnishes ground for a civil action. A person was also described as legally bound to do whatever it was illegal for that person to omit.

This definition is relevant because Section 153 expressly requires the provocation to be given by doing something which is illegal.

Meaning of Riot Under Sections 146 and 147 IPC

Under Section 146 IPC, rioting arose where force or violence was used by an unlawful assembly, or by any member of it, in prosecution of the common object of that assembly. Every member of such assembly was then guilty of the offence of rioting.

Section 147 IPC prescribed punishment for rioting. These provisions help explain the reference in Section 153 to causing "the offence of rioting" to be committed.

Intention or Knowledge Required by Section 153

The statutory mental element was expressed in the alternative. The person must either intend that the provocation will cause rioting or know it to be likely that the provocation will cause rioting. Whether this requirement is established depends on the facts, the nature of the illegal act, the circumstances in which the provocation occurred and the evidence relating to the person's state of mind.

Important distinction: Section 153 prescribed punishment even where the intended or knowingly likely riot did not ultimately occur. The occurrence of rioting affected the maximum punishment, rather than being necessary for every form of liability under the section.

Punishment Under Section 153 IPC

Result of Provocation	Punishment under Section 153 IPC
Rioting is committed in consequence of the provocation	Imprisonment of either description up to one year, or fine, or both
Rioting is not committed	Imprisonment of either description up to six months, or fine, or both

Section 153 and Related Public Tranquillity Offences

Section 153 appeared in Chapter VIII of the IPC dealing with offences against public tranquillity. It should be distinguished from Section 153A IPC, which addressed specified conduct promoting enmity or disharmony between groups, and Section 153B IPC, which addressed particular imputations and assertions prejudicial to national integration.

The surrounding provisions concerning unlawful assemblies and riots are also relevant to the statutory context, including Section 149 IPC on liability for offences committed in prosecution of the common object of an unlawful assembly.

Applying Section 153 to the Facts

Application of Section 153 required examination of the alleged illegal act, the nature and circumstances of the provocation, the required intention or knowledge, and whether any subsequent rioting was committed in consequence of that provocation. The statutory ingredients should therefore be assessed together rather than treating provocation alone as sufficient.

This page describes Section 153 of the Indian Penal Code, 1860 in its pre-BNS legal context. Application to a particular matter depends on the applicable law and the complete facts and evidence.