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Under sections 189(1) and 191(1) of the Bharatiya Nyaya Sanhita, 2023, which fact is unnecessary to…

Rioting requires force or violence by an unlawful assembly or any of its members in pursuit of its common object. Section 191(1) contains no requirement that the force or…

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Under sections 189(1) and 191(1) of the Bharatiya Nyaya Sanhita, 2023, which fact is unnecessary to establish rioting?

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Answer and explanation

Correct answer A

Rioting requires force or violence by an unlawful assembly or any of its members in pursuit of its common object. Section 191(1) contains no requirement that the force or violence disturb public peace in a public place.

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Option A

Rioting has no separate public-place disturbance element. Fighting in public that disturbs public peace is the distinct offence of affray under section 194(1).

Option B

Section 189(1) sets a minimum of five people for an unlawful assembly.

Option C

A statutory common object is necessary for the assembly to be unlawful under section 189(1).

Option D

Section 191(1) attributes rioting to members of the unlawful assembly in the stated circumstances.

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