BNS Section 189 - Wantonly Giving Provocation with Intent to Cause Riot
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.
Bailable, Cognizable
Official Text
“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.”
Legal Analysis
Elements to Prove:
- Malignant or wanton act.
- Illegal provocation.
- Intent to cause rioting.
Potential Defenses:
- Lawful expression.
- No intent to cause riot.
- Freedom of speech.
Practical Examples
What Constitutes the Offense:
Inciting violence, spreading inflammatory messages, provocative speeches.
What Doesn't Constitute:
Political discourse, legitimate criticism, or lawful expression.
Punishment
Imprisonment up to 1 year, or Fine, or both