Vanta Legal – Advocate Sudershani Ray

Understanding IPC Section 155 Liability of Persons for Whose Benefit Riot is Committed

Understanding IPC Section 155: Liability of Persons for Whose Benefit Riot is Committed. The Indian Penal Code (IPC) serves as the foundation for criminal law in India. Among its various provisions, Section 155 addresses a critical aspect of public order: the liability of individuals who benefit from a riot. This section is significant in holding accountable not just the rioters but also those who instigate or gain from such unlawful assemblies. In this article, we will explore the nuances of Section 155, its implications, and real-life case studies that illustrate its application.

Understanding IPC Section 155: Liability of Persons for Whose Benefit Riot is Committed

Understanding IPC Section 155

The Text of Section 155

Section 155 of the IPC states:

“When an unlawful assembly is committed for the benefit of a person, such person shall be liable for the punishment prescribed for the offense committed in prosecution of such unlawful assembly.”

This section emphasizes that if a person instigates or benefits from a riot, they can be held criminally liable, even if they did not actively participate in the violent act.

Key Elements of Section 155

  1. Unlawful Assembly: An unlawful assembly is defined under Section 141 of the IPC as an assembly of five or more persons with a common object to commit an offense or to carry out a common purpose.
  2. Benefit: The person in question must derive some benefit from the riot. This can include financial gain, social status, or other advantages.
  3. Liability: The individual who benefits is held liable for the consequences of the riot, including the criminal acts committed during the unrest.

Rationale Behind Section 155

The rationale for Section 155 is to deter individuals from exploiting situations of chaos for personal gain. It aims to prevent the misuse of public disorder for individual advantage. By holding benefactors accountable, the law seeks to discourage incitement to violence and promote social responsibility.

Implications of Section 155

Legal Accountability

Section 155 serves as a legal tool to ensure that individuals who benefit from riots are not allowed to escape liability. This encourages individuals to consider the moral implications of their actions and the consequences of instigating or supporting violence for personal gain.

Social Responsibility

The provision promotes social responsibility by emphasizing that one cannot benefit from the suffering or chaos caused to others. It reinforces the principle that all members of society must act in ways that contribute to public order and the well-being of the community.

Case Studies

Case Study 1: The 1984 Anti-Sikh Riots

In the aftermath of the assassination of Prime Minister Indira Gandhi in 1984, anti-Sikh riots erupted across India, particularly in Delhi. The violence resulted in the deaths of thousands of Sikhs and widespread property damage. Several political leaders were accused of instigating the riots for electoral gain.

While many perpetrators were brought to justice, there was considerable public discourse regarding the accountability of those who benefited politically from the riots. Some argued that leaders who turned a blind eye to the violence or encouraged it for political leverage should also be held liable under Section 155.

Case Study 2: The Muzaffarnagar Riots (2013)

The Muzaffarnagar riots in Uttar Pradesh were marked by communal violence between Hindus and Muslims. Reports suggested that some political figures exploited the unrest to consolidate their voter bases. Following the riots, many activists and legal experts called for the application of Section 155 against those who incited violence for electoral advantage.

The National Human Rights Commission (NHRC) conducted inquiries into the riots, and while some individuals faced charges, the challenges in proving direct benefit under Section 155 hindered comprehensive accountability.

Case Study 3: The Delhi Riots (2020)

The Delhi riots in February 2020 were sparked by protests against the Citizenship Amendment Act (CAA). As violence escalated, various political figures were accused of inflaming tensions. The ensuing investigations considered whether certain individuals benefitted from the unrest, either politically or financially.

Legal analysts argued that Section 155 could apply to those who incited violence, urging authorities to investigate the financial and political motivations behind the riots. The complex nature of communal tensions and the involvement of multiple stakeholders made applying Section 155 a challenge.

Challenges in Enforcing Section 155

While Section 155 serves a vital purpose in holding individuals accountable, enforcing it poses challenges:

  1. Proving Benefit: Establishing that an individual directly benefited from a riot can be complex. Courts require substantial evidence to demonstrate this link.
  2. Political Influence: High-profile individuals may evade accountability due to their political connections, leading to public frustration regarding the efficacy of the law.
  3. Societal Attitudes: Cultural factors may lead to a reluctance to hold community leaders or influential individuals accountable, thereby undermining the law’s intent.

Conclusion

IPC Section 155 plays a crucial role in addressing the liability of individuals who benefit from riots. It reflects a commitment to holding all parties accountable for their actions during public disorder. While the section’s application may face challenges, it serves as a reminder that individuals cannot exploit societal chaos for personal gain without facing legal consequences.

As society continues to grapple with issues of public order and accountability, the principles enshrined in Section 155 remain relevant. The case studies discussed highlight the need for a robust legal framework to deter individuals from inciting violence and benefiting from the turmoil it creates.

Why Vanta Legal Stands Out?

Expert Team:

Our lawyers are skilled and highly experienced.

Client Focus:

We care about you and your needs.

Proven Success:

We’ve won many cases for our clients.

Efficient Service:

We solve your problems quickly and effectively.

As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. Please agree to accept that you are seeking information of your own accord and volition and that no form of solicitation has taken place by the Firm or its members. The information provided under this website is solely available at your request for information purposes only. It should not be interpreted as soliciting or advertisement.

Scroll to Top