Correct option is D
The correct answer is (d) imprisonment of either description for a term up to five years.
Explanation:
This question pertains to the updated penal provisions following the replacement of the Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita (BNS), 2023, which came into effect on July 1, 2024.
- Section 191 of the BNS addresses the offence of "Rioting."
- Under Section 191(3), "Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both."
- Under the old IPC Section 148, this punishment was limited to three years. The BNS has enhanced the penalty to five years to act as a stronger deterrent against collective violence involving weapons.
Information Booster:
The transition from IPC to BNS brought several changes to the law of public tranquility:
- Unlawful Assembly: Defined under Section 189 of the BNS (previously Section 141 IPC), it requires a gathering of five or more persons with a common unlawful object.
- Rioting Definition: Rioting occurs when "force or violence" is used by an unlawful assembly or any member of it.
- Aggravated Punishment: The law now clearly distinguishes between simple rioting (up to 2 years) and armed rioting (up to 5 years).
- Legal Nature: This remains a Cognizable and Bailable offence, triable by a Magistrate of the first class.