IPC Section 159: Affray
1. State the Code
Section 159 of the Indian Penal Code deals with the offense of “affray”.
2. Explanation
Affray is defined as an act that is likely to cause a breach of peace and happens when two or more persons fight in a public place. It is a criminal offense that involves a disturbance of public order.
The key elements of affray are:
- Two or more persons fighting
- Fighting in a public place
- The act being likely to cause a breach of peace
3. Illustration
Imagine a group of people arguing loudly in a crowded market, leading to a physical fight. This scenario could be considered affray, as it involves two or more persons fighting in a public place and causing a disturbance.
Similarly, if a group of people gather in a public park and engage in a violent brawl, this could also constitute affray.
4. Common Questions and Answers
Q1. What is the punishment for affray?
Answer: A person convicted of affray can be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Q2. Does an affray need to involve physical violence?
Answer: While physical violence is common in affray, it is not always necessary. The act of fighting can also involve verbal abuse, threats, or gestures that are likely to provoke a breach of peace.
Q3. What is the difference between affray and rioting?
Answer: While both affray and rioting involve a disturbance of public order, rioting involves a larger group of people and is often more organized and violent than affray.
