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
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
minakshi bindhani 25 November 2021
Aarushi 26 November 2021
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.