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A member of an unlawful assembly uses violence in prosecution of the assembly’s common object. Under…

Section 191(1) defines rioting by use of force or violence by an unlawful assembly or a member of it in prosecution of the assembly’s common object. An assembly is unlawful…

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A member of an unlawful assembly uses violence in prosecution of the assembly’s common object. Under the Bharatiya Nyaya Sanhita, 2023, which offence is constituted by this use of violence?

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Answer and explanation

Correct answer C

Section 191(1) defines rioting by use of force or violence by an unlawful assembly or a member of it in prosecution of the assembly’s common object. An assembly is unlawful only if it has a common object of the kind specified in section 189(1).

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Option A

Affray requires fighting by at least two persons in a public place that disturbs the public peace. The use of violence in pursuit of the assembly’s common object establishes rioting.

Option B

Assault concerns apprehension of imminent criminal force caused by a gesture or preparation. The use of violence to pursue an unlawful common object establishes rioting.

Option C

Section 191(1) makes every member of the unlawful assembly guilty of rioting when it or one of its members uses force or violence in prosecution of the common object.

Option D

Membership alone is distinct from rioting. Here a member has used violence in prosecution of the common object.

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