Section 146 refers to “force or violence“. Judicial decisions have construed force in the light of the definition in section 349, as meaning the use of force on a human being, and “violence” in a wider sense, as meaning the use of force on inanimate objects also.-an interpretation which appears to be right and need not be disturbed.
A suggestion was made that threat of force or violence should be added. Such an amendment would practically equate section 143 with section 146, because the threat of force or violence is almost always evident in the formation of an unlawful assembly and a necessary element of its common object. No such addition is, therefore, necessary in section 143.
146 IPC Case Laws (Supreme Court and High Courts)
| Per Plowden, J., in Rasul, (1889) P.R. No. 4 |
| R. V. Sharp (1957) 1 All ER 577 |
| Ghani Khan 46 IC (Oudh) 844 |
| Samaruddin (1912) 40 Cal 367 |
| Ramadeen Doorbay (1876) 26 WR (Cr) 6 |
| Parameshwar Singh (1899) 4 CWN 345 |
| Clifford v. Brandon 2 Camp 358 |
| Mazhur Hassein 5 NWPHCR 208 |
| In re Arulanandu AIR 1952 Mad 267 |
| Raghunath Rai (1892) 15 All 22 |
| Jairam Mahton (1907) 35 Cal 103 |
| Deodhari Koeri v. Emperor AIR 1937 Pat 34 |
| State of UP v. Dan Singh 1997 Cr. L.J. 1150 (SC) |
FAQs about Section 146 of the Indian Penal Code (IPC)
Section 146 of the IPC deals with the offense of rioting. It is an extension of Section 145, which defines the offense of unlawful assembly. Section 146 pertains to an unlawful assembly that engages in force or violence, or even the threat of force or violence, in the pursuit of its common object.
The term “force” in Section 146 has been interpreted by the judiciary in the context of the definition provided in Section 349 of the IPC. It is understood to mean the use of force on a human being, implying physical aggression towards individuals.
Courts have construed “violence” in Section 146 in a broader sense than “force.” It encompasses the use of force not only on human beings but also on inanimate objects. This means that violent actions can include causing harm or damage to property or objects, not just to individuals.
The threat of force or violence is often evident in the formation of an unlawful assembly because its members usually come together with a common object that involves using force or violence against someone or something. As the assembly gathers with such intentions, the threat of force or violence is a necessary element of its common object.
Read also:- Section 144: Joining unlawful assembly armed with deadly weapon
IPC Section 146: Rioting
