Want only giving provocation with intent to cause riot-if rioting be committed:if not committed
Section 153 of the Indian Penal Code, 1860 deals with want only giving provocation with intent to cause riot-if rioting be committed:if not committed. Want only giving provocation with intent to cause riot--if rioting be committed: if not committed.-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 c The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Want only giving provocation with intent to cause riot--if rioting be committed: if not committed.-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.
Section 153, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 192 Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed Text carried over almost unchanged 88%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Manzar Sayeed Khan vs State of Maharashtra
Court's Decision & Legal Precedent
Where a Supreme Court judgment's manifest tenor and import intends to grant identical relief to multiple parties before the Court and represented by counsel, but due to inadvertence or mistake, the names of some parties are omitted from the operative portion, the Court may issue clarification or modification to include such parties and give full effect to the original intent, provided the omitted parties were expressly before the Court and their arguments were considered.
On this section: Prohibition of wantonly insulting religion or religious beliefs of any class of persons
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Vinod Hansraj Goyal vs State of Maharashtra
Court's Decision & Legal Precedent
When a court's judgment is intended to grant identical legal relief to multiple parties engaged in the same transaction and facing identical charges, but through inadvertence or clerical mistake the names of some parties are omitted from the operative portion of the judgment, such omission may be corrected through judicial clarification or modification in the interest of justice, provided the court's reasoning and legal analysis clearly encompassed all parties.
On this section: Sections 153 and 153A pertain to offences related to promoting enmity between different groups and causing public alarm/fear on communal grounds; Section 34 relates to criminal conspiracy. The Court's main judgment had exonerated the author from these charges, and the clarification extends the same protection to the publisher and printer.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… FIRs/complaints are quashed, following the decision of this Court in TT Antony (explained subsequently) that successive FIRs/complaints founded on the same cause of action are not maintainable: > "FIR No. 245 of 2020, dated 22 April 2020, registered at Police Station Supela, District Durg, Chhattisgarh, under sections 153-A, 295-A and 505 (2) of the Indian Penal Code 1860. > FIR No. 180 of 2020, dated 23 April 2020, registered at Police Station Bhilal Nagar, District Durg, Chhattisgarh, under sections 153- A, 188, 290 and 505 (1) of the Indian Penal Code 1860. > FIR No. 176 of 2020, dated 22 April 2020, registered at Police …
Questions about Section 153
What have the courts held on Section 153 of the Indian Penal Code?
Manzar Sayeed Khan vs State of Maharashtra (16 Apr 2009) is the leading judgment on this section among those set out below: Prohibition of wantonly insulting religion or religious beliefs of any class of persons. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 153 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 153, section 153 IPC, section 153 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Manzar Sayeed Khan vs State of Maharashtra (16 Apr 2009).
What should I read with Section 153 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 192 (Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 153 of the Indian Penal Code come into force?
Section 153 of the Indian Penal Code, cited as IPC 153, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.