Bharatiya Nyaya Sanhita, 2023
Section 192
Wantonly giving provocation with intent to cause riot-if rioting be committed; if not
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.
Why this exists
This provision descends from Section 153 of the Indian Penal Code, 1860, drafted by British colonial lawmakers to control communal and political unrest in a diverse, often tense society. The law recognizes that riots frequently begin not with the rioters themselves, but with instigators who deliberately provoke conflict through illegal acts—like spreading inflammatory rumors, publicly insulting a community, or performing an offensive act in a sensitive area. By criminalizing the provocation itself, the law aims to stop riots before they start, while also punishing those whose reckless illegal acts happen to trigger violence, even without malicious intent.
How courts read it
Indian courts, interpreting the identical language under the old IPC Section 153, have held that the prosecution must show either malicious intent or reckless illegality behind the provocative act, and that the act itself must be independently unlawful (not just offensive). Courts have distinguished this provision from mere hate speech or insults by requiring a real, demonstrable connection between the provocative act and actual or intended rioting. Case law also clarifies that 'wantonly' implies a reckless disregard for consequences, even without deliberate malice.
Common misconceptions
- Myth: This law only punishes people who actually take part in the riot.
Fact: It punishes the person who provokes the riot, even if they never join the violence themselves. - Myth: You can be charged under this section for merely saying something offensive.
Fact: Courts have clarified that the provocative act itself must be illegal — mere offensive speech, without an underlying unlawful act, does not automatically qualify.