Short notes on rioting

-
  • Sn146 of Indian penal code 
When we talk about the rioting it is provided under section 146 of Indian penal code .Rioting means whenever force or violence is used by an unlawful assembly ,or by any member thereof in prosecution of the common objective of such assembly is guilty of the offence of rioting .Thus it is clear that there should be minimum five person for commuting rioting to constitute the offence of riotin.The following ingredients must be present .
  • An Assembly of five or more person 
  • Unlawful assembly 
  • Members of the assembly used force or violence 
  • Offender was a member of that assembly and 
  • Force or violence was used by the assembly in pursuance of their common object.
It has been held in Samruddin .vs. Emperor air1913ilr 40 cal 367
In this case it was held that world violence in sn 146 I.p.c is not restricted to force used against person only ,extends also to force against inanimate objects.

Rioting is punishable under section 147 of ipc with imprisonment of either description for term which may extends to two years or with fine or with both 

  • Suresh vs state of Maharashtra :
Bombay high court 28 November 2008 ,said that the offence under section 147 of IPC is an individual offence and each members is guilty of offence of rioting if conditions of the section 146 of IPC are fulfilled .In fact offence under section 147 of the offence punishable under sn 143 of the IPC.
  • Himachal Pradesh high court in the case of Amar Singh vs State of h.p
On 25 June 2015 said that the offence of rioting can only be committed by an unlawful assembly for which there have to be an assembly of five or more persons.





  • Basudeo yadav vs state of jharkhand on 10 march 2017 said the major elements of rioting is the use of force or violence by unlawful assembly in prosecution of common object.

Comments

Post a Comment

Popular posts from this blog

Himachal pradesh land revenue act ,1954........classses of revenue officers and their power and function

-
Introduction: when we  talk about the classes of revenue officers and their powers so its provided under section 7 to 28 of hp land revenue act ,1954. its primary object is to maintain relation between land lord and tenants to prepare the land record to settle the disputes .when we talk about the classes of revenue officers it were provided under section 7 to 11. Financial commissioner cum principle secretary is the revenue minister who also performed the judicial function . the main objective of this act to maintain relation between land lord and tenant and resolve there disputes.              classes of revenue officers                                1. financial cum principal secretary .  A senior IAS officer as a commissioner control the entire land  revenu...
Read more

JUDICIAL ACTIVISM

-
When we talk about the judicial activism so the concept of judicial activism originated and developed in the USA . The  term was first coined in 1947   by Arthur Schlesinger jr , an  American historian and educator. if we talk about judicial activism in India so this  doctrine was introduced in mid 1970s . justice P.N BHAGWATI , JUSTICE O. CHINNAPPA REDDY AND JUSTICE D.A DESAI  laid the foundation of judicial activism in the country .   MEANING  When we talk about the meaning of judicial activism so it denotes the proactive role played by the judiciary in the protection of the right of the citizens and in the promotion of justice in the society . we can say that judiciary is that part who played an assertive role  who can force the other two organs of the government to discharge their  duties . 1. judicial activism is a way of exercising judicial power  that motivate judges to depart from normally practised  strict adherence...
Read more

india's headache : unemployment or underemployment

-
  unfortunately ,very few governments think about youth unemployment when they are drawing up their national  plans ....... kofi annan unemployment is like a headache or high temperature -unpleasant and exhausting but not carrying in itself any explanation of its cause....... William beveridge introduction: when we talk about the unemployment during this pandemic so it create  huge problems not only for one country but for  the  whole world one side we were facing the covid 19 other ide we are facing unemployment . Due to this disease  many country here we can say that whole world declared lockdown in whole country and due to this lockdown millions of people were losing their jobs ,many migrants worker were facing lots of problem .people were dying because they don't get enough food for survive .But the problem of unemployment is not new but its a huge problem in many countries .when we talk about our country India so according to the recent report of...
Read more