Section Overview
Section Number:
IPC Section 155
Section Title:
Liability of Person for Whose Benefit Riot Is Committed
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under the Bharatiya Nyaya Sanhita (BNS), 2023
Applicability:
IPC Section 155 applies when:
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A riot is committed.
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The riot is committed for the benefit of a specific person.
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That person knows or has reason to believe the riot is likely.
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The person fails to take lawful steps to prevent it or report it.
The section ensures accountability of those who indirectly benefit from riots.
Original Law Text
"Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land, building, tent or vessel, or who has any interest therein, such person shall be punishable with fine, if he has reason to believe that such riot was likely to be committed, and did not use all lawful means in his power to prevent it and did not give notice thereof to the nearest police station or officer."
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 155 ka simple matlab hai:
Agar kisi vyakti ke fayde ke liye ya uske behalf par riot hota hai, aur us vyakti ko pehle se pata tha ya andaza tha ki aisa ho sakta hai, lekin phir bhi usne rokne ki koshish nahi ki ya police ko inform nahi kiya, to us par IPC Section 155 lag sakta hai.
Simple words mein:
"Agar riot kisi ke benefit ke liye ho raha ho aur woh usko rokne ke liye kuch na kare, to woh bhi responsible hoga."
Legal Definition
The section covers:
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Riot committed for benefit of a person.
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Knowledge or reason to believe about likely riot.
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Failure to take lawful preventive steps.
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Failure to report to authorities.
Practical Interpretation
Section 155 extends liability beyond direct participants.
It focuses on:
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Beneficiaries of riots,
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Indirect encouragers,
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Persons who may profit from unlawful conduct.
The law ensures that riots cannot be indirectly incentivized.
Essential Ingredients of IPC Section 155
Riot Occurs
A riot must actually take place.
Benefit or Interest
The riot must be for the benefit of:
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Owner,
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Occupier,
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Interested person.
Knowledge or Reason to Believe
The accused must know or reasonably foresee the riot.
Failure to Act
The person fails to:
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Take lawful preventive steps, and
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Inform authorities.
Meaning of “Benefit”
Benefit may include:
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Property advantage,
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Land possession gain,
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Business advantage,
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Political or social gain.
Why IPC Section 155 Was Introduced?
The legislature intended to:
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Prevent indirect encouragement of riots.
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Hold beneficiaries accountable.
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Ensure property disputes do not turn violent.
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Promote proactive prevention.
Difference Between Section 154 and 155
Section 154
Applies to landowners where riots occur.
Section 155
Applies to persons who benefit from riots, even indirectly.
Thus, Section 155 is broader in scope.
Preventive Nature
Like other public order provisions, Section 155 is preventive.
It ensures early intervention before violence escalates.
Role in Property Disputes
Many riots occur due to:
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Land disputes,
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Ownership conflicts,
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Encroachment issues.
Section 155 prevents beneficiaries from staying passive.
Punishment & Legal Classification
Punishment
IPC Section 155 provides:
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Fine only.
No imprisonment is prescribed.
Bailable / Non-Bailable
Bailable.
Cognizable / Non-Cognizable
Non-Cognizable.
Compoundable
Generally Non-Compoundable.
Triable By
Any Magistrate.
IPC ↔ BNS Mapping
IPC Section
IPC Section 155
BNS Equivalent
The Bharatiya Nyaya Sanhita retains principles related to accountability in public order offences and indirect participation in unlawful acts.
Status
IPC repealed and replaced by BNS.
The principle remains substantially preserved.
Real-Life Examples
Example 1: Land Dispute Riot
A landowner knows a violent clash may occur on disputed land but does nothing to prevent it.
Section 155 may apply.
Example 2: Political Benefit Riot
A political candidate benefits from a riot in his constituency and fails to stop supporters from escalating violence.
Liability may arise.
Example 3: Commercial Advantage
A shop owner indirectly benefits from destruction of competing shops and does not prevent mob activity.
Section 155 may be invoked.
Landmark Judgments
Case Name:
Masalti v. State of Uttar Pradesh
Court:
Supreme Court of India
Key Takeaway:
The Court emphasized collective responsibility in riot-related offences.
Case Name:
Lalji v. State of Uttar Pradesh
Court:
Supreme Court of India
Key Takeaway:
The Court discussed liability based on common object and indirect involvement.
Case Name:
Mohan Singh v. State of Punjab
Court:
Supreme Court of India
Key Takeaway:
The Court clarified participation and liability in unlawful assemblies.
Case Name:
Bhudeo Mandal v. State of Bihar
Court:
Supreme Court of India
Key Takeaway:
The Court examined accountability in group offences.
Legal Insights
When Is This Section Applied?
Section 155 is applied when:
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Riots occur for someone’s benefit.
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Beneficiaries fail to act.
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Authorities discover prior knowledge.
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Indirect encouragement is suspected.
Common Misuse Scenarios
Assumed Benefit
Benefit may be wrongly presumed.
Lack of Evidence
No proof of knowledge or intent.
Coincidental Advantage
Person benefits accidentally, not intentionally.
False Implication
Property or political rivals may be falsely implicated.
Defenses Available
No Knowledge
The accused was unaware of potential riot.
No Benefit
No actual benefit arose.
No Connection
Riot was unrelated to accused.
Reasonable Steps Taken
Preventive actions were taken.
No Failure to Report
Authorities were informed.