Under the Bharatiya Nyaya Sanhita, 2023, which of the following statements is not a correct one?

Under Section 191(1) read with Section 189(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Sections 146 and 141 IPC), rioting is committed when force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly. Because an unlawful assembly under Section 189(1) requires an assembly of five or more persons, a riot involves a minimum of five persons, not three. The other statements reflect correct statutory principles under the Sanhita: the Explanation to Section 189(1) states that an assembly which was not unlawful when it assembled may subsequently become an unlawful assembly; Section 137(2) (formerly s.363 IPC) prescribes imprisonment extending up to seven years and fine for kidnapping; and Exception 9 to Section 356(1) (formerly s.499 IPC) protects imputations on the character of another made in good faith for the protection of legitimate interests or for the public good.