Bailabel Type : bailable

Description

Introduction

Riots and unlawful assemblies often have hidden beneficiaries—individuals or groups who do not directly participate in the violence but encourage, finance, or profit from it. These beneficiaries may use riots to achieve political, economic, or personal gains while remaining behind the scenes.

Section 155 IPC holds such individuals accountable by making them legally liable for riots committed for their benefit, even if they did not personally engage in the violence. This ensures that those who manipulate or exploit public disorder for their advantage face punishment.

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Understanding Section 155 IPC

Key Elements of the Offense

To be prosecuted under Section 155 IPC, the following conditions must be met:

1. A riot must have been committed – The gathering must meet the definition of rioting under Section 146 IPC (i.e., an unlawful assembly of five or more persons using force or violence).
2. The riot must have been committed for the benefit of a specific person – This benefit can be:
   • Political (gaining votes, intimidating opponents, disrupting governance)
   • Economic (damaging competitors' property, forcing businesses to close, land grabbing)
   • Personal (revenge, settling scores, creating fear among rivals)
3. The person benefiting from the riot must have known about it or consented to it – They do not have to be physically present but must have:
   • Encouraged or approved the riot
   • Funded or supported the rioters
   • Allowed the riot to occur for their advantage

For example, if a business owner hires a group of rioters to destroy a rival’s shop, they can be punished under Section 155 IPC, even if they never participated in the riot themselves.

Punishment

Punishment Under Section 155 IPC

The punishment for benefiting from a riot is:

1. Imprisonment for up to 6 months, OR
2. Fine, OR
3. Both imprisonment and fine