Rioting in private place
S.B.adil rahman
(Querist) 13 April 2013
This query is : Resolved
Can rioting take place in private places i.e. within the premises? Suppose 2 families each having 3/4 persons on their side clash with each other by using the criminal force to abstain the other from doing a lawful work and the other side roughs them up causing minor injuries. Can a case of rioting be recorded by police against both the parties instead of case and counter case?
Raj Kumar Makkad
(Expert) 14 April 2013
Case for rioting can also be lodged by polie in the given facts.
R.K Nanda
(Expert) 14 April 2013
state real facts.
prabhakar singh
(Expert) 14 April 2013
It is Section 146 in The Indian Penal Code, 1860 which defines Rioting.-- 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.
So much liberty is there for police to lodge a case of rioting.
But from facts stated by you it transpires
one party was on it's own land with right
to protect property-self defence-but they
also had outsiders with weapons-hence rioting case has been registered.
PLCE -Private or public is not the criteria-unlawful assembly- common object are.
S.B.adil rahman
(Querist) 14 April 2013
Thanks for guidance. Nanda Sir, the fact is that there is a water tap of Municipality in a premises where all the tenants assemble to collect water by standing in a queue at the time of water supply. A lady has 3 sons who are intolerant so the lady wants upper hand in collecting the water irrespective of the queue. There is another lady tenant who is equally powerful. Both had skirmishes over the issue in past also when police came in past and booked both the parties u/s 151 Cr.PC. One day both clashed with each other causing injuries to each party by the other one. One party rushed to the police station and got an FIR registered u/s 341/323/114 IPC against others. When the other party went to the PS she was told that no further FIR over the same issue from them will be entertained. The other party went to Court and brought an order for recording a case under section 156(3)CrPC. The PS recorded another case u/s 341/326/114 IPC against 3 persons. My point is that whether the total numbers exceeded 5 in the brawl, whether both the cases can be amalgamated and Charge sheet can be submitted by the police under section 147/149/323/324/326IPC or not? Under which provision of law amalgamation of both the cases can be made and whether it required any permission from the Ilaqa magistrate? Whether the action by police in submitting the C/S under cases of rioting is within law? Whether the offence of rioting can take place in private premises or public place or at both the places if the total members of both the parties exceed 5 persons? Kindly guide.
Devajyoti Barman
(Expert) 14 April 2013
Rioting can happen at both private and public place.
Both cases may be tried together and but no common CS to to be submitted.
Both cases are separate and hence separate police report.
