October 24, 2021

RIOTING

Rioting is dealt with under sections 146 and 147 of the IPC. It usually occurs as a form of protest or in response to a perceived threat or grievance.

Rioting occurs when a group of individuals, or any individual within that group, commits an offence. The presence of at least 5 people is required for rioting.

 This offence frequently stems from social upheaval and is characterised by sudden and offensive behaviour. It demonstrates a herd mentality, which is why even if a member of the guilty group has not done a violent act, he or she will be held culpable for rioting.

Historically, rioting has occurred in response to grievances about government policies, the outcome of a sporting event, frustration with any court judgement, taxation, oppression, race disputes, or as a means of channelling people’s oppression to the government.

A common intention and object of committing a crime is one of the most significant factors in rioting. This “common aim” puts everyone in the group subject to punishment, even if they haven’t participated in the rioting directly.

PUNISHMENT

  • Rioting is punishable by a period of three years in prison, a fine, or both under section 148 of the IPC. This is a cognizable offence that could be tried by a first-class magistrate.
  • Punishment for Committing Riot with Deadly Weapon is covered under Section 148 of the IPC. Anything that is so harmful that it can kill someone could be used as a weapon. The penalty for this is up to three years in prison, depending on the severity of the rioting, a fine, or both.
  • Punishment for Provoking Riot is an offence which is present under Section 153 of IPC, 1860. If a person provokes someone with the aim to cause rioting, that person will be charged under Section 153 of the Indian Penal Code. The individual who starts a riot has a malicious aim and acts rashly. It is not necessary for rioting to occur in order to be punished under this Section; only provocation is enough to be punished under this Section.

However, the punishment would vary depending on the outcome of the provocation; if rioting occurred, the maximum sentence would be one year in jail or a fine, or both; if rioting did not occur, the maximum sentence would be six months in prison or a fine, or both.

If a riot is carried out on behalf of a person, or if that person benefits in some way from the riot, that person may be charged under section 155 of the IPC.

 Furthermore, if the person or his agent or manager knew that riots of this sort were about to occur or were likely to occur and did not take any legitimate steps to suppress or undermine the riot’s effect, the person will be penalised.

The primary goal of this section is to put people who have a bad aim under the law and prosecute them.

A person who assaults or attempts to assault any public worker charged with suppressing any unlawful conduct, such as a riot, affray, or unlawful assembly, will be prosecuted under Section 152.

This section aims to prosecute anyone who tampers with or disrupts the system in place to maintain peace and calm in society.

This section can result in a sentence of up to three years in prison, a fine, or both.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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