BACK TO SECTIONSAIR 1965 SC 202
BailableCognizable: YesAny Magistrate
THE STATUTE
Original Text
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.
Simplified
Section 147 prescribes punishment for rioting — 2 years, bailable. It is almost always charged in combination with other sections: '147 r/w 302 IPC' in mob murder cases, '147 r/w 323/325' in mob assault cases. The section is a foundational charge in all communal violence, political mob violence, and organised labour dispute prosecutions. Section 148 (armed rioting, 3 years) is the escalated form. Section 149 is the multiplier — it makes every member of the riotous assembly guilty of any specific offence committed by any member in furtherance of the common object. So a person who only participated in a riot that culminated in murder faces '302 r/w 149' murder charges with potential death penalty — dramatically beyond what Section 147's standalone 2-year maximum suggests.
Legal Evolution
The Supreme Court in Masalti v. State of UP (1964) held that in mob violence, individual identification of who struck which blow is not required — membership in the riotous mob at the time offences were committed establishes guilt under the collective liability framework.
Landmark Precedents
Masalti v. State of UP (1964)
RELEVANCE
In riots involving large mobs, it is sufficient if prosecution proves victims were killed in the course of the riot and accused were members of the mob — individual blow attribution not required.
Practical Scenarios
"Participating in a communal riot where property was destroyed by the mob — Section 147."
"A political party mob that surrounds and attacks the opposition's campaign office — Section 147."
Common Queries
Yes, if they were part of the unlawful assembly when violence was used to further the common object. Every member of the riotous assembly is guilty under Section 147 once collective force is used.
Yes — basic rioting under Section 147 is Cognizable and Bailable. Section 148 (rioting with deadly weapon, up to 3 years) is Non-Bailable.