IPC 155: Liability for Riots Committed for Benefit of Another

1. Code

Section 155 of the Indian Penal Code states:
“Whoever, with the intention of promoting, or abetting the promotion of, any unlawful object, or of causing, or abetting the causing of, any riot, or unlawful assembly, instigates, or aids, or incites, or conspires with any other person to instigate or aid, or incite, any riot, or unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”

2. Explanation

This section deals with the liability of an individual who instigates or aids in the commission of a riot or unlawful assembly with the intention of achieving a specific benefit for someone else. It implies that the individual is aware of the unlawful nature of the act and deliberately orchestrates it for the benefit of another person or group.

The key elements of this section are:

• Intention: The accused must have the intention to promote an unlawful object, or to cause a riot or unlawful assembly.
• Instigation or Aid: The accused must instigate, aid, or incite the riot or unlawful assembly.
• Benefit: The riot or unlawful assembly must be committed for the benefit of another person or group.

3. Illustration

Imagine a scenario where a political leader instructs his supporters to disrupt a public event organized by his rival. The leader’s intention is to damage his rival’s reputation and secure his own political advantage. In this case, the leader is liable under Section 155 because he instigated a riot or unlawful assembly with the intent of benefiting himself.

4. Common Questions and Answers

Q: Is it necessary to prove that the accused actually participated in the riot or unlawful assembly?

A: No, it’s not necessary for the accused to have physically participated in the riot or unlawful assembly. Simply instigating or aiding in its creation is sufficient for liability.

Q: What if the accused was unaware of the unlawful nature of the act?

A: If the accused was unaware of the unlawful nature of the act, then they may not be liable under this section. The prosecution needs to establish the element of intent.

Q: Can this section be applied to online instigation of riots?

A: Yes, this section can be applied to online instigation of riots, as long as the elements of intention, instigation, and benefit are established.