Geetika Verma
Abstract-
Riot involved thefts, vandalism, killings and destruction. It is mostly against a public order or a public policy. Riot is a criminal offence and can never be justified because it involves mass killing of people and loss of economy. The riot is done by group of more than five people. Riot in a city or a nation always loss to individual economy as well as nation’s economic and political strength.It involves unlawful assembly and violence. In India people the punishment for riot is not so harsh and very light sentence while in United Kingdom the punishment is very harsh. Riot is an offence which is not just against a person or individual but also an offence which is against state. It disturbs the public peace and when large number of people involve in such criminal act then each and every person is made liable for it.
Introduction-
Riot or any offence which disturbs the public peace is a threat to society. Many times when police tries to stop protestors then also the result is riot, historically the reasons for riot are poverty, government oppression, conflicts between races and taxation. Riot is a kind of civil disorder which is characterized by disorganized groups lashes out in violence against public and property. They are mostly generated by civil unrest. They are caused by genuine anger, Historians believe that riots are random act of violence or people taking advantage to steal and destroy the public and individual property. Riots many times occur in reaction to a grievance or out of dissent. While individuals may attempt to lead or control a riot, riots are typically chaotic and exhibit herd behavior, and usually generated by civil unrest.[1] It is a cognizable offence and subject to trial before any magistrate of first class. The riot is an unlawful assembly in a particular state of activity, which activity is accompanied by the use of force of violence. It is only the use of force that distinguishes rioting from unlawful assembly.[2]
Indian Perspective-
Section 146 and Section 147 of Indian Penal Code cover the act of rioting and the punishment for rioting. Riot in India is not a new thing, they have happened many times but the kind of punishment which Indian laws give not so harsh in comparison to the loss which riots caused. The reasons for riot in India are depends on religion, caste, thoughts and laws which government enforces. India is a democratic nation so, protests in India is never been a new thing and when the situations goes out of hands from the government the riot is an most probable result of that, India is home for various cultures and these different cultural thoughts are reason for riot many times. In India, the mostly riots happened before independence and after independence they happened on religious reasons.
International Perspective-
According to Anglo-American legal system riot is breach of peace and in Europe this offence requires interference with the public authority. United Kingdom provides very harsh punishments for riot. In the United States, Canada, and India, the punishment given is not as harsh as that of the United Kingdom, and the violation of public authority through riot does not require the formal presence of a magistrate.
Case Laws:
Lakshmi ammal vs. Samiappa, AIR 1968 MAD 310
‘Rioting’ is defined under S. 146, I.P.C. Section 146, I.P.C., says:”Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.”[3]
Kalidas, 48 CrLJ 351(cal)[4]
The court held that the act of riot is complete the moment a person use force against the other person or inanimate object. The force of violence against inanimate object also comes in the purview of section 146 of IPC. If the prosecution failed to prove involvement of five or more than five people in a case registered under section 147 then the trail will not be continue.
Achhey lal vs. State Of Uttar Pradesh AIR 1989 SC 67
In this case fifteen persons were accused of taking part in taking part in assault on deceased and in this case fourteen persons were acquitted and appeal of one was dismissed. There was now finding by the High Court that unlawful assembly was there or not. And after this Supreme Court held that Section 149 and 147 cannot be invoked.
“A riot is a spontaneous outburst. A war is subject to advance planning.” ~ Richard M. Nixon[5]
Conclusion-
Riots can never be right for society and they are always done to spread fear and violence in society, many times are riots are strategy of opposition or political party to spread fear. India Penal Code punishes for the crimes against the public peace. Rioting is a criminal offence and it lease to disturbance in society which is wrong, and it creates inconvenience for the people. It is an offence which is created by group of persons. The punishment for this offence is very harsh in other nations but in India is quite liberal, definite punishment for rioting is imprisonment. They happen because of disturbance among religions, castes, communities etc. It is the people around us only who leads to such bad things and bad consequences also.
References:
- indiankanoon.org
- thefactfactor.com
- en.wikipedia.org
- azquotes.com
[1]Braha D., Global civil unrest, Contagion, self organization and prediction, Wikipedia, (February 16,2020 7:10 PM), https://en.wikipedia.org/wiki/Riot#cite_note-Braha,_D._2012-1
[2]Hemant More, Rioting Section 146 – 148, the fact factor, https://thefactfactor.com/facts/law/criminal_law/indian_penal_code/rioting-section-146-148/1259/
[3]AIR 1968 Mad 310, (1968) 1 MLJ 226,(February 16,2020, 7:30 PM)https://indiankanoon.org/doc/28646/
[4]Hemant More, Rioting section 146 – 148, The fact factor, (February 16,2020, 7:48)https://thefactfactor.com/facts/law/criminal_law/indian_penal_code/rioting-section-146-148/1259/
[5]Address before the National Association of Manufacturers, New York City,(February 16,2020, 8:00) https://www.azquotes.com/quotes/topics/riot.html
Lawcutor 
I would like to dissent from the point that punishment for rioting in India is mild and not commensurate to the offence. We have to understand a thing that Rioting according to the Indian Law is itself an offence apart from the offence for which an unlawful Assembly commits riots. For e.g if Five people armed with deadly weapons murder their target then apart from being punished under section 302 of IPC, they’ll simultaneously be punished for the offence of rioting under section 148( which is imprisonment either description of a term which may extend to three years, or with fine or with both) of the Indian Penal Code. So the punishment in toto is not going to be lenient as mentioned above. Apart from this reasoning, we must also bear in mind that when their is a mob it is very difficult to cull the individual acts of people and as per the definition of Rioting, every person being a member of that unlawful assembly would be liable for the acts done by any individual who is the member of the Unlawful Assembly in the prosecution of the common object. Sometimes innocent people, by their mere presence, are engulfed in this mire and it is very difficult for them to prove their innocence and to punish them with a rigorous law would not be a fair decision.
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