Section 155 IPC: Liability of Person for Whose Benefit Riot Is Committed

Section 155 of the Indian Penal Code, 1860 dealt with the liability of a person who benefited from, or on whose behalf, a riot was committed when the statutory duty to use lawful means to prevent, suppress or disperse the riot or unlawful assembly was not performed.

Pre-BNS legal position: This article explains Section 155 IPC as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is intended for understanding the IPC provision and matters governed by the earlier law.

Text of Section 155 IPC

155. Liability of person for whose benefit riot is committed. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.

Why Section 155 Imposed Liability

The section addressed a failure to take preventive action in a specific setting: a riot committed for a person's benefit or on that person's behalf, accompanied by a relevant interest or benefit and reason to believe that the disturbance was likely. It did not automatically treat every beneficiary as a rioter, nor did it prescribe imprisonment for the omission described in this section.

The statutory phrase "all lawful means in his or their power" is significant. The duty is limited to lawful steps within the power of the person or the relevant agent or manager; liability must be evaluated against the facts, available measures and statutory conditions.

Meaning and Scope of Section 155 IPC

Section 155 formed part of Chapter VIII of the IPC dealing with offences against public tranquillity. The provision did not make a person liable merely because a riot happened on land connected with that person. It addressed a more specific situation in which a riot was committed for the benefit of, or on behalf of, a person having the relationship or interest described in the section, and the required preventive or suppressive steps were not taken despite reason to believe that the riot or the relevant unlawful assembly was likely.

The section covered a person who was an owner or occupier of the land concerned, claimed an interest in that land or in the dispute that gave rise to the riot, or accepted or derived a benefit from the riot. Liability depended on the additional statutory conditions relating to prior reason to believe and failure to use lawful means within the power of the person, agent or manager.

Essential Ingredients of Section 155 IPC

For the provision to apply, the facts had to bring the case within the statutory conditions. In substance, the relevant elements were:

A riot was committed.
The riot was committed for the benefit of, or on behalf of, the person concerned.
The person was an owner or occupier of relevant land, claimed an interest in that land or in the dispute giving rise to the riot, or had accepted or derived a benefit from the riot.
The person, or the person's agent or manager, had reason to believe that the riot was likely to be committed or that the unlawful assembly responsible for it was likely to be held.
All lawful means within the relevant person's power were not used to prevent the assembly or riot and to suppress and disperse it.

Owner, occupier, interest and benefit

The provision identifies several connections to the riot: ownership or occupation of the land respecting which the riot takes place; a claimed interest in that land; an interest in the subject of the dispute giving rise to the riot; or acceptance or derivation of a benefit from the riot. These alternatives are read with the further requirements in Section 155 and do not dispense with proof of the statutory omission.

Agent or manager

Section 155 expressly considers whether the person concerned, or his agent or manager, had reason to believe that the riot or unlawful assembly was likely and failed to use the lawful means within their respective power. Section 156 IPC separately provides for liability of an agent or manager in the circumstances it describes.

Important Expressions Used in the Provision

Riot

For the IPC framework, the concept of rioting was connected with Section 146 IPC. Broadly, when force or violence was used by an unlawful assembly, or by a member of it, in prosecution of the common object of that assembly, every member of that assembly was guilty of rioting.

Unlawful assembly

The expression "unlawful assembly" was governed by Section 141 IPC. Section 155 specifically referred to the possibility that the unlawful assembly by which the riot was committed was likely to be held.

Reason to believe

The IPC used "reason to believe" as a defined expression. Under Section 26 IPC, a person was said to have reason to believe a thing if there was sufficient cause to believe that thing, but not otherwise. This requirement is important because Section 155 linked liability to reason to believe that the riot or unlawful assembly was likely.

All lawful means

The section required the use of lawful means that were within the power of the person concerned. The statutory focus was therefore on lawful preventive and suppressive measures reasonably available in the circumstances, rather than on requiring unlawful or impossible action.

Punishment and Classification Before BNS

Punishment	Fine
Cognizability	Non-cognizable
Bail	Bailable
Court	Triable by any Magistrate

Relationship with Sections 154 and 156 IPC

Section 154 IPC dealt with the responsibility of an owner, occupier or person interested in land on which an unlawful assembly was held or a riot was committed, including duties relating to notice, prevention and suppression. Section 155 focused on the person for whose benefit or on whose behalf the riot was committed. Section 156 IPC separately addressed the liability of the agent or manager of such owner or occupier.

Practical Legal Effect

Section 155 created a specific fine-based liability tied to a person's connection with the land or dispute, the benefit derived from the riot, prior reason to believe that the riot or unlawful assembly was likely, and failure to use lawful means within the relevant person's power. Each statutory condition therefore mattered when determining whether the provision was attracted.

Legal Position After 1 July 2024

The Indian Penal Code, 1860 was repealed when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the applicable repeal and savings provisions. For conduct and proceedings governed by the IPC, the historical IPC provision may remain relevant. For conduct governed by the new law, the Bharatiya Nyaya Sanhita, 2023 should be consulted.

Official Statutory Reference

The text of the Indian Penal Code, 1860 and the relevant historical legislation can be consulted through the Government of India's India Code repository. The legal position discussed here is the IPC framework immediately before the BNS commencement on 1 July 2024, rather than a statement that Section 155 IPC governs new offences after that date.

Note: This page is an informational explanation of the pre-BNS statutory provision. The application of criminal law depends on the facts, date of the alleged conduct and applicable savings or transitional provisions.