May 4, 2024

A few words in the long history of legal jargon evoke as much intrigue and bewilderment as the mysterious “ affray ipc.” This phrase, which evokes concepts of tumultuous events and legal mazes, has prompted both fret and curiosity. But what does it encompass? And why does it attract so much curiosity in the legal society as a whole?

affray meaning    

  • Fighting in public that disrupts peace and public order is referred to as an affray. Affray requires the presence of two or more people and their actions to have a detrimental effect on the peace of their surroundings.
  • Most significantly, though, their actions should cause chaos for both the populace and society as a whole.
  • For instance, slapping someone would not be considered an affray unless it poses a threat to public order, in which case it would be considered an affray. 

Affray IPC

  • The IPC’s Sections 159 and 160 address affray and related penalties. 
  • A public disturbance caused by fighting between two or more individuals is referred to as an “affray” and also known as public affray.
  • According to Section 159 of the Indian Penal Code, “ affray” is defined as “when two or more persons disturb the public peace by way of a brawl in a public place, they are said to have committed an affray offence.”
  • affray in ipc is an act of terror perpetrated in a public setting with the intention of frightening the public.  

section 159 ipc

According to this Section, an affray occurs when two or more people fight in a public setting and disrupt the peace.

  • Crucial ingredient of section 159 ipc are as follows:
  • Conflict involving two or more people.
  • The altercation needs to happen in a public setting.
  • Public peace must be disrupted as a result of such conflict.
  • Affray does not occur in private areas.
  • Linguistic disputes or threats do not qualify as affray charge.
  • This offense is not compoundable, cognizable, and subject to bail.

affray punishment

  • The IPC’s Section 160 addresses simple affray charge.
  • It stipulates that anyone found guilty of an affray faces a penalty of up to one month’s worth of imprisonment of any kind, a fine of up to one hundred rupees, or both.

Affray and Riot: Key Difference

Compared to a riot, the offense is different in the following ways:

  • While a riot may be conducted in a private setting, an affray cannot be conducted there.
  • An affray requires the presence of two or more people, but a riot requires the presence of five or more.

Affray and Assault: Key Difference

One can differentiate an affray from an assault by:

  • A public place is required for the commission of an affray, but an attack can occur anywhere.
  • In contrast to assault, which is regarded as an offense against a person or an individual, the offense is classified as one against public peace.

affray case law

  • In the case of Jagannath Shah v State of Bihar, the two brothers who were fighting and hitting one other on a town’s public road had a counterattack. There was a mass of people congregating around them. Although there was a hurry and even some traffic disruption, there was no physical altercation between them. The Court found and noted that there was no physical altercation involved in the behaviour; rather, it was purely verbal. As a result, there was no crime of affray committed.
  • In the case of State v Meer Singh, three men were fighting, which caused the tranquillity in that specific area to be disturbed. The two accused parties acknowledged that they were engaged in a fight in a gali, and it goes without saying that such a battle naturally disturbs the tranquillity of the community. As a result, they filed for conviction on charges of affray.

Therefore, the crime of affray is defined as a bilateral act that disturbs public peace when two or more people engage in combat with one another in a public setting. To prove this violation, there must be a physical altercation between the parties; a simple argument would not constitute an affray. It is defined in Section 159 of the IPC, and the offense is punishable under Section 160 of the IPC. It has also been separated from riot and assault because of the location of the act, the number of participants, and whether or not the public was impacted.

Affray IPC FAQs

  1. What are the essential elements of affray?

It is a conflict involving two or more people. The altercation needs to happen in a public setting. Public peace must be disrupted as a result of such conflict. Affray does not occur in private areas.

  • What are the ingredients of affray?

The definition makes it evident that the following three requirements must be met for the provision to be applicable: fighting involving two or more people; fighting in a public setting; and disturbance of the peace as a result of the fighting.

  • What is the minimum for affray?

An affray needs to take place in a public setting, although a riot can be carried out in either. Furthermore, whereas affray only needs two participants, rioting necessitates an unlawful assembly of at least three.

  • What is the section of affray?

The definition of “affray” under Section 159 of the Indian Penal Code states that an offense of affray is committed when two or more people fight in a public place and disrupt the peace. An act of terror is perpetrated in a public setting with the intention of frightening the public.

  • What is the difference between rioting and affray?

Because a riot involves a larger crowd and the intention of spreading fear or alarm throughout the community, it is considered a more serious offense than affray. Depending on how serious the conduct is, both affray and riot can result in jail and heavy fines.

  • Is affray one of the offences against public tranquility?

The Indian Penal Code, 1860 addresses the offense of affray under Section 159. Affray is defined as a conflict between two or more people in a public setting that causes fear or worry among the general population.

  • What is the punishment for affray under IPC?

When someone commits an affray, they can be penalized with a fine of up to one hundred rupees, a month-long term of jail of any kind, or both.

  • What is the difference between affray and unlawful assembly?

Unlawful assembly differs from affray, where there is no requirement for the presence of more than two people, because more people are present.

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