OFFENCES AGAINST PUBLIC TRANQUILITY- PART III- AFFRAY
AFFRAY – SS. 159-160
Affray is defined under section 159 of the IPC as, “When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray””.
To constitute affray there are 3 essential ingredients to be proved:
There was a fight between the accused and other persons (two or more persons should be in fight) – To constitute an act to be affray, it requires at least two persons to be in a fight. Affray is a bilateral act. An unlawful assembly requires five.
That fight was in a public place — ‘Public place’ is considered to be a place where general public goes. It is of no importance, whether the accused or victim had a right to go in that place or not.
According to Black’s Law Dictionary "Fight" means “combat or battle, as hostile encounter or engagement between opposing forces, suggesting primarily the notion of a brawl or unpremeditated encounter, or that of a pugilistic combat.” The term fight means the inclusion of violence is a necessary ingredient.
Consider an example, wherein two brothers during their morning walk started fighting in the park. Their quarrel became heated and they started abusing each other. Can they be charged with section 160? The answer is NO. In Sheoraj Singh v State of Uttar Pradesh, (1978) Cr LJ (NOC) 84(All), the court held that mere quarrel or abusing shall not constitute affray but only physical fights that disturbed the public peace.
The said fight disturbed the public peace – Affray is an offence that is committed in public place and is likely to disturb public peace, and if it does not disturb public peace, it does not amount to affray. The court has held that there must be a definite disturbance of the public peace due to the fight in the public place to make the offence affray. Mere causing public inconvenience is not enough (Podan v. State of Kerala, (1962) 1 Cr LJ 339)
DIFFERENCE BETWEEN AFFRAY AND RIOT:
Riots are committed by five or more persons whereas affray can be committed by two or more persons.
Riots can be committed in a private place/property whereas affray can only be constituted when committed in a public place and disturbs public peace.
There must be a common object to commit riot given under section 141 whereas affray may or may not have any common object.
DIFFERENCE BETWEEN AFFRAY AND ASSAULT:
Similar to riots, assault can be committed in public as well as a private place, whereas affray are only constituted when committed in a public place.
Assault is an offence against individual whereas riot is an offence against public peace.
Affray is committed by two or more persons, whereas assault can be committed by one person alone as well.
By
LawVastutah
Comments
Post a Comment