Q.1- | What is rioting? Which section of IPC defines rioting? |
Ans.- | Section 146 of IPC defines rioting which says that whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. |
Q.2- | What are punishments for rioting? |
Ans.- | Section 147 says that whoever is guilty of rioting, shall be punished with imprisonment up to two years/fine/both. |
Q.3- | Define rioting in simple way? |
Ans.- | (Rioting = unlawful assembly + use of for or violence = every member is liable) |
Q.4- | What are elements of rioting? |
Ans.- | Ø Five or more persons should form unlawful assembly.
Ø They must animated by unlawful object. Ø Force or violence must be used by unlawful assembly or any member of it. Ø Such force or violence must be used in prosecution of common object. |
Q.5- | What do you mean by force? |
Ans.- | A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other by using force from his body or disposing any substance or living any animal. |
Q.6- | What are the aggravated forms of rioting? |
Ans.- | Ø Rioting, being armed with deadly weapon u/s. 148
Ø Assaulting or obstructing public servant when suppressing riot u/s. 152. |
Q.7- | What are the differences between unlawful assembly and riots? |
Ans.- | Ø Unlawful assembly is pre-requisite of the offence of riot.
Ø Use of force or violence is not necessary in unlawful assembly; whereas it is necessary in case of rioting. Ø The offence of being a member of unlawful assembly is less serious than being member of rioting. |
Q.8- | Define affray? |
Ans.- | When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray” |
Q.9- | What are the punishments for affray? |
Ans.- | Whoever commits an affray shall be punished with imprisonment up to one month, or with fine up to Rs. 100, or with both. |
Q.10 | Promoting enmity on the grounds various classes are made punishable under which section of IPC. |
Ans.- | Yes. Section 153A. and it is dealt with aggravated form if committed in place of worship. |
Q.11 | Whether all group defamatory speech is punishable? |
Ans.- | Not all. Political critics and critical research is not punishable. |
Q.12 | Which groups are covered under section 153A? |
Ans.- | Religious, racial, language or regional groups or castes or communities. |
Q.13 | What is gist of the offence – whether it is intention of the speaker or intention of the reading? |
Ans.- | There should be mens rea on the part of the accused to commit the offence of promoting disharmony amongst different religions. |