Code
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.
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.
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.
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.
