Section 147 of Indian Penal Code

by  Adv. Rupa K.N  

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Section 147 IPC

Introduction

Many people’s lives are affected for a very long time by a single riot; many continue to live in shock, which ultimately interferes with their ability to lead regular lives. The nation as a whole and people individually are gradually impacted by it, starting with the youngest of children, and that is why strict rules have been enacted to discourage future occurrences of these tragedies and to exert control over them.

Rioting is an offence according to Indian Penal Code. First, we have to understand. What are Rioting and its punishment?

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What is Rioting?

Rioting is defined as any offence committed by a group of people or any individual within that group. Rioting requires the presence of at least five persons. This crime typically stems from civic upheaval and involves rapid, provocative 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 still be held accountable for Rioting.

A unified desire and goal of committing a crime are one of the most crucial components for Rioting to exist. Even if none of the group members actually committed the crime of Rioting, they are all nonetheless subject to the punishment due to their extremely “common purpose.”

What is Section 147 IPC?

Punishment for Rioting –

Anyone found guilty of Rioting may be sentenced to imprisonment of either sort for a term that may not exceed two years, a fine, or both under Section 147 of the Indian Penal Code. Section 147 is a Bailable, Cognizable, and Not-compoundable offence.

What is a Bailable offence?

A bailable offence is a less serious type of behaviour. It denotes a crime for which the accused is eligible for bail.

What is Non- a compoundable offence?

Offences that cannot be compounded are referred to as non-compoundable offences. Only a quashing will do for them. The reason the accused cannot be released with such settlements is due to the nature of the offence, which is more serious, terrible, and illegal. There is no way to combine these offences. Since the “state,” in this instance the police, file the case, the issue of compromise is not present.

What is a Cognizable offence?

A cognizable offence is one for which a police officer may, in line with the original scheme or in accordance with any other law in force at the time, execute a sentence without a warrant and initiate an investigation without the judge’s consent.

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What are the ingredients of Section 147 IPC?

The following elements must be present in order to hold a person accountable for the crime of Rioting and hold him accountable under Section 147 of the Indian Penal Code:

  • The term “illegal assembly,” as used in Section 141 of the Code, must be present.
  • The accused must assemble an unlawful assembly and number at least five people.
  • The defendant must have participated in the unlawful assembly as described in section 142 of the code.
  • The aforementioned unlawful gathering, or any individual among them, must use force or violence.
  • The shared goal of the claimed unlawful gathering must be pursued using the aforementioned force or violence.

Case Laws

  • Vijay Singh Mankotia v. State of Himachal Pradesh

A political party’s supporters assembled in excess of 200 individuals for a “dharna” against the state administration on a public route. Other people who were supposed to utilize the highway were unlawfully restrained as a result. According to the Himachal Pradesh High Court, it amounted to Rioting and public disturbance. A preliminary inference was drawn that the petitioners had committed crimes covered by Section 147 of the IPC.

  • Maiku v. State of Uttar Pradesh

A person was detained by a police sub-inspector and a few constables as the sub-inspector was looking into a case. The person who was apprehended voluntarily led the police to the scene so they could collect the dead corpse, but they were able to catch them as they attempted to flee. In the end, he was defeated and killed after being battered. The Court ruled that police were present to conduct an inquiry. Consequently, their shared goal was legal. Even if force is employed by any assembly member, it is not Rioting if the collective goal is not against the law.

  • Anant Kathod Pawar v. State of Maharashtra

The Court ruled that those who were gathered for any legitimate reason would not be considered to have engaged in Rioting if they unexpectedly got into a fight without having any prior plan or design. The accused would be held accountable for their own actions in this situation rather than being held vicariously liable.

  • State of Uttar Pradesh v. Dan Singh

In a Rioting case, it is evident that not all of the witnesses’ evidence will be consistent if there are too many attackers or witnesses. It is important to verify that the witness’ testimony matches the account of the act’s actual performance.

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Conclusion

The section describes each benefit offered in this provision and the crime of Rioting and its punishment as laid forth in the Indian Penal Code. According to section 147 of the IPC, rioters can be sentenced to two years in jail, a fine, or both depending on the kind and extent of the damage they produced. The actions taken are referred to be Cognizable and Bailable Offences, and any Magistrate may try them. To know more, get Online Lawyer Consultation from ezyLegal expert lawyer team.

Rioting, according to Indian Penal Code, is a bailable and cognizable offence. To know more, get online legal advice .

Adv. Rupa K.N

Adv. Rupa K.N

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Advocate Rupa K.N, with over 24 years of independent practice, specialises in providing legal expertise, advice and guidance to a broad range of customers. Having been practising law independently for several years after doing her B.A. LLB from Bangalore University and PGDM from the National Institute of Personnel Management.

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