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?
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).
Option feedback
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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