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Under the Bharatiya Nyaya Sanhita, 2023, what is the smallest number of people who can constitute the…

Section 189(1) requires at least five people with a specified common object for an unlawful assembly. Under section 191(1), rioting also requires the assembly or a member to…

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Under the Bharatiya Nyaya Sanhita, 2023, what is the smallest number of people who can constitute the unlawful assembly required for rioting?

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Answer and explanation

Correct answer B

Section 189(1) requires at least five people with a specified common object for an unlawful assembly. Under section 191(1), rioting also requires the assembly or a member to use force or violence in pursuit of that common object.

Bharatiya Nyaya Sanhita, 2023, Sections 189(1) and 191(1).

Option feedback

Option A

Two falls below the five-person statutory minimum.

Option B

Five people can constitute an unlawful assembly if the requisite common object exists.

Option C

Seven may constitute an unlawful assembly but five is sufficient as a headcount.

Option D

Eleven may constitute an unlawful assembly but it is not the minimum.

Option E

The statutory minimum of five is given.

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