There is a close resemblance between unlawful assembly and rioting. In both the offences, common object is an essential ingredient and there must be five or more persons. Their difference is in degree rather than of form. The differences between them are:
1) An unlawful assembly is an assembly of five persons with the common object to overawe by criminal force the government, or to resist the execution of any law, or to commit any mischief or criminal trespass or use of criminal force to obtain possession of any property or to compel any person to do unlawful act by use of criminal force.
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But, 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. It is only use of force that distinguishes rioting from the unlawful assembly to prosecution of the common object.
2) The offence of unlawful assembly is genus while rioting is a species. Rioting is an aggregated form of unlawful assembly.
3) Violence and force are less in unlawful assembly whereas violence and force are more in rioting.
4) Punishment is lighter for unlawful assembly i.e., six months imprisonment or with fine or with both, whereas punishment for rioting is severe than in unlawful assembly. The punishment for rioting is two years imprisonment or with fine, or with both.