Distinction between waging war against state and rioting

Distinction between waging war against state and rioting are as follows:

1) Where the rioting or tumult is merely to accomplish some private purpose, interesting only to those engaged in it, not resisting or calling in question the Government’s authority or prerogative, then the tumult, however numerous or outrageous the mob may be, is only a riot.

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The numbers concerned and the manner in which they were equipped or armed are not material. For example persons who attack a police-station are guilty of rioting but if it has to be proved as waging war, the prosecution has to show that there is an insurrection and not a riot.

Similarly, suppose a mob were to rise, and even by force of arms to break into a particular prison and rescue certain persons therein confined, or oblige the magistrates to set them at liberty or to lower the price of provisions in a certain market.

All such acts, though severely punishable, and though they may be resisted by force, do not amount to waging war or treason. But, wherever the rising or insurrection has for its object a general purpose, not confined to the particular views and interests of persons concerned in it, but common to the whole community, and striking directly at the State’s authority or that of Parliament, then it assumes the character of waging war or treason such as pulling down all prisoners or Courts of Justice, resisting all revenue officers in the collecting of all or any of the taxes etc.

2) The rioting is against the public tranquillity whereas waging war is against the Government of India.

3) Rioting is not such a serious offence as waging war.

4) The purpose of rioting is generally private while the purpose of waging war extends to the whole community especially to the State.

5) The number of persons in rioting must be five or more persons whereas the number of persons in waging war is not mentioned anywhere.

6) Rioting is explained in Sections 146 to 148 of the Code under Chapter-VIII (Offences against the Public Transquillity) while waging war is explained in Sections 121-123 in Chapter-VI (Offences against the State)

7) Punishment for rioting is less i.e., imprisonment for 2 years or with fine or with both. Whereas the punishment for waging war is serious i.e., punished with death or imprisonment for life and also fine.