Bharatiya Nyaya Sanhita, 2023
Section 193
Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes
, of land on which an unlawful assembly or riot takes place.—(1) Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge at the nearest police station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.
(2) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.
(3) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.
Why this exists
This provision continues a colonial-era rule (originally Section 154 of the Indian Penal Code, 1860) meant to make landowners responsible for keeping order on their property. The idea was that people who control land often have influence over what happens on it, and if they turn a blind eye to violence for their own benefit, they share some responsibility. It encourages landowners and their agents to actively report and prevent unrest rather than passively allowing it, especially when they might profit from the outcome.
How courts read it
Courts under the old IPC Section 154 held that mere ownership of land is not enough to attract liability; there must be actual knowledge or reasonable grounds to believe that a riot or unlawful assembly was happening or about to happen. Courts have also clarified that the duty is to use 'lawful means'—the owner is not expected to physically confront rioters, but must at least inform the police and take reasonable preventive steps. Liability under this section is treated as vicarious and fault-based, not absolute.
Common misconceptions
- Myth: Just owning the land where a riot happens automatically makes you guilty.
Fact: You are only liable if you (or your agent/manager) actually knew or had reason to believe the riot was happening or about to happen, and failed to act—not simply because it occurred on your property. - Myth: This section requires landowners to physically stop rioters themselves.
Fact: The law only requires using 'all lawful means'—such as alerting the police—not personal intervention or confrontation.