Legal provisions regarding wantonly giving provocation with intent to cause riot, if rioting be committed; if not committed under section 153 of Indian Penal Code, 1860.
Wantonly giving provocation with intent to cause riot, if rioting be committed; if not committed:
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Whoever malignantly or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
‘Malignantly’ means maliciously. ‘Malignant’ means virulent enmity. Therefore, ‘malignantly’ means in a manner virulently inimical. It implies disposition bent on evil or an unlawful act done intentionally without just cause or exercise.
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‘Wantonly’ means recklessly, thoughtlessly, without regard for plight or consequences. It implies a reckless or mischievous disposition. A man may do a thing wantonly when he has no reason to do it, but he does it because he takes pleasure doing though he knows that its consequences to others may be serious.
The words ‘by doing anything which is illegal’ connote that provisions of Section 153 cannot be invoked unless the act done by a person was ‘illegal accompanied with his intent or knowledge that it would provoke others to commit a riot’.
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Section 153 of the Code provides punishment for a person who by doing an illegal act, maliciously or recklessly, ‘gives provocation’ to another person to commit a riot. It brings within its ambit provocative words or acts that do not amount to instigation or abetment. To invoke Section 153, the provocation given must be likely to cause rioting.
The offence under Section 153 is divided into two parts according as the provocation given results or does not result, in rioting. In the former case the offence is one in which a warrant may be issued in the first instance otherwise a summons should be issued.
In both cases the offence is cognizable and bailable. In either case it is not compoundable. But in both cases it is triable by any Magistrate. And if the rioting provoked has not been committed it may be tried summarily.
