For riots broke out in different parts

For this section to be applicable the offender must act rashly or negligently and his act must either endanger human life or the personal safety of others. When would an act be rash and when negligence have been discussed at length in the discussions of section 304-A. This section should be read in conjunction with sections 337 and 338 which are applicable when hurt and grievous hurt respectively are caused under similar situations as in section 336. Whenever an act is rash or negligent, presence of intention on the part of the offender is automatically eliminated. In other words, intentional acts would not be rash or negligent. Where the accused, a temple priest, went out in the night and then pelted stones at the temple with a view to make others believe that the stones were pelted by Muhammedans and this would start a communal clash, it was held that this section was not attracted because the act on the part of the priest was deliberate. Where riots broke out in different parts of a town and the accused fired some shots from his gun in the air to indicate to the others that they should not do anything against him as he was armed and could take care of himself, this section was held to be not attracted.

The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate.

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