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SAMPADA AGGARWAL   23 November 2021

affray/riot/none of these

If a group of college students fight in there campus and causes the injury . Is there any offence of riot or affray or not? .If it is not under above mentioned offence then what offence is committing.


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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 November 2021

Affray is a serious criminal offence that carries a maximum of 10 years in prison. People are most often charged with Affray when they have behaved in a violent or threatening manner in a public place.

SAMPADA AGGARWAL   24 November 2021

ok Sir,but can you explain me what offence is committed by the students

Anaita Vas   24 November 2021

Section 159 in The Indian Penal Code states that when two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”. 

The punishment for committing affray is imprisonment for up to one month or fine up to one hundred rupees or both (Section 160). This offence necessarily postulates the commission of a definite assault or a breach of the peace. Mere quarrelling or abusing in a place not resulting in the exchange of blows is not enough to draw the attention of Section 160 IPC. A fight is a necessary element to constitute affray. This means both the parties have to be aggressive and participate in the struggle.

The difference between Affray and Riot is 

  • An affray cannot be committed in a private place whereas a riot can be committed in a private place.
  • To constitute an affray there must be a presence of two or more persons while for a riot it has to be five or more.

Regards,

Anaita Vas

minakshi bindhani   25 November 2021

As per your concerned query!

The illustrated act may come under the purview of rioting.

When an offence is committed by a group of people or any person belonging to that group, is termed as rioting. For rioting the presence of at least 5 people is necessary. This offence is generally grounded in civil unrest and is usually sudden and provocative behaviour. It shows a herd-like mentality and this is the reason that in case if a person belonging to the guilty group has not committed a violent act, even then he/she will be liable for rioting.

Punishment for rioting is present under section 148 of the IPC and is a descripttion of a term of 3 years or fine or both. This offence is cognizable and could be tried by the first class magistrate.

Hope it is useful!
Regards
Minakshi Bindhani

Aarushi   26 November 2021

Dear user,

This situation mentioned above is definitely not a riot because a riot is a violent offense against public order involving three or more people, but the situation above indicates that public were not harmed or involved. This can be described as an affray which is defined under section 159 in IPC, as a group fighting to disturb public peace. The punishment for the same could be one month imprisonment or hundred rs fine or both as mentioned under section 160 in IPC.


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