Section 148 in The Indian Penal Code, 1860
148. Rioting, armed with deadly weapon.—
Whoever is guilty of rioting, being armed with a deadly weapon
Section 146 in The Indian Penal Code, 1860
146. Rioting.—
Whenever force or violence is used by an unlawful assembly, or by any member thereof
punishable section for “rioting”. The offence of “rioting” is defined in
Section 146 IPC, which reads as under:
“146. Rioting – Whenever force ... guilty of the offence of rioting.”
On a fair reading of the definition of “rioting” as per Section 146
IPC, for the offence
Third Supplementary Chargesheet............... 27
UNLAWFUL ASSEMBLY AND RIOTING .................................. 30
i. Scheme of Indian Penal Code , 1860. ......................................... 30
ii. Analysis of Video Clips and other Evidence ... proceeding to hear arguments on charge.
UNLAWFUL ASSEMBLY AND RIOTING
i. Scheme of Indian Penal Code , 1860.
42. Since the respondents herein were chargesheeted under
following
offences shall be prosecuted, namely:-
(a) Rioting-
Section 147, Indian Penal Rioting.
Code.
Section 148, Indian Penal Rioting armed with
Code. deadly, weapon.
Section ... obstructing a
Code. public servant when
suppressing riot.
(b) Escape -
Section 222, Indian Penal Intentional omission to
Code. apprehend on part of a
public servant
following
offences shall be prosecuted, namely:-
(a) Rioting-
Section 147, Indian Penal Rioting.
Code.
Section 148, Indian Penal Rioting armed with
Code. deadly, weapon.
Section ... obstructing a
Code. public servant when
suppressing riot.
(b) Escape -
Section 222, Indian Penal Intentional omission to
Code. apprehend on part of a
public servant
IPC and sections 302 / 149 of the IPC and sections
323 / 149 of the IPC and appellant ... punished under section
144 of the IPC. Section 146 of the IPC defines rioting. Whoever force or violence
is used
2014 23:37:40 :::
CWP.777.13
13
Section 147 , Indian Penal Code. Rioting.
Section 148 , Indian Penal Code. Rioting armed with
deadly weapon.
Section ... Assaulting or obstructing
a public servant when
suppressing riot.
(b) Escape --
Section 222 , Indian Penal Code. Intentional omission to
apprehend on part of a
public
assembled, may
subsequently become an unlawful assembly.
Section 146 IPC - Rioting
Whenever force or violence is used by an unlawful assembly ... Rioting)
18. For the offence of rioting, there must be: (i) an
unlawful assembly of 5 or more persons as defined in Section 141
IPC
trial for offence u/S
147 / 148 / 149 / 323 / 203 / 307 / 34 IPC for forming an unlawful
assembly with object of causing death ... prosecution of the common object of
the assembly the accused persons committed riots in which some
of them were armed with deadly weapon and attacked