A) Details:
Section 147 of the Bangladesh Penal Code, 1860 deals with the offense of rioting. This section states that if five or more persons are assembled for the common objective of using force or violence against a person or property and proceed to the commission of their common objective by using force or violence, then they will be guilty of the offense of rioting.
B) Punishment:
The offense of rioting under Section 147 of the Bangladesh Penal Code is a non-bailable and cognizable offence. The punishment for this offence is imprisonment for a term that may extend to two years, or with a fine, or both.
If any person is killed, hurt or grievously hurt during the course of the rioting, then the punishment for the offence of rioting may be enhanced. If any person is killed during the rioting, then the punishment may be imprisonment for life, or imprisonment for a term that may extend to ten years and with a fine. If any person is hurt during the rioting, then the punishment may be imprisonment for a term that may extend to five years, and with fine. If any person is grievously hurt during the rioting, then the punishment may be imprisonment for a term that may extend to seven years and with a fine.
C) Bailable or Non-bailable:
The offense of rioting under Section 147 of the Bangladesh Penal Code is a non-bailable offence, which means that bail is not a matter of right and is subject to the discretion of the court.
D) Cognizable or non-cognizable offense:
The offense of rioting under Section 147 of the Bangladesh Penal Code is a cognizable offence, which means that the police can arrest the accused without a warrant and can investigate the case without the permission of the court.
E) Offence ingredients:
The ingredients of the offense of rioting under Section 147 of the Bangladesh Penal Code are:
- The involvement of five or more persons.
- The persons must be assembled with a common objective.
- The objective of these persons must be to use force or violence against a person or property.
- These persons must proceed to the commission of their common objective by using force or violence.