Bharatiya Nyaya Sanhita, 2023 — Section 192

Wantonly Giving Provocation With Intent to Cause Riot — If Rioting Be Committed; If Not Committed

Section 192 punishes malignantly, or wantonly by doing anything illegal, giving provocation to any person, intending or knowing it likely that such provocation will cause rioting, with imprisonment of either description up to one year, or fine, or both, if rioting is in fact committed in consequence, and with imprisonment of either description up to six months, or fine, or both, if rioting is not committed.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 192 to old IPC Section 153, and cross-checked directly against the bare text of both Acts, found to be word-for-word identical.

BNS section	IPC, 1860 equivalent	Category
192	153	Exact

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: wantonly giving provocation with intent to cause riot, if rioting be committed — imprisonment for 1 year, or fine, or both; cognizable, bailable, triable by any Magistrate; if not committed — imprisonment for 6 months, or fine, or both; cognizable, bailable, triable by any Magistrate. Not compoundable: Section 192 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “any Magistrate” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Wantonly provoking rioting, with different punishments depending on the outcome

Explanation (Lexovia's Commentary)

This section targets the instigator who deliberately or recklessly provokes someone into rioting, rather than the rioters themselves. The provocation must be malignant, or done wantonly through illegal conduct, with intention or knowledge that it is likely to cause rioting. The punishment is higher if rioting actually results from the provocation, and lower if it does not.

Illustration (Lexovia's Own Example)

A person deliberately spreads an inflammatory and illegal rumor at a public gathering, knowing it is likely to provoke the crowd into rioting. If rioting actually breaks out as a result, the person faces up to one year's imprisonment under this section; if it does not, up to six months.

Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

Does the provoker have to actually take part in the riot?

No. This section punishes the act of giving the provocation, whether or not the provoker joins the resulting riot.

Is the punishment the same whether or not rioting actually happens?

No. It is up to one year if rioting is committed in consequence, and up to six months if it is not.

Has this provision changed from the old law?

No. It is word-for-word identical to old IPC Section 153.