BNS Section 194 – Affray
The Indian Penal Code (IPC) Section – 159 – 160
Affray
Introduction
Under Section 194 of the Bharatiya Nyay Sanhita (BNS), the law defines and penalizes the act of affray. This provision aims to maintain public peace by addressing violent altercations in public places. Let’s break it down in simple terms.
What is Affray?
An affray occurs when two or more persons engage in a fight in a public place, causing a disturbance to public peace.
Key Elements of Affray
| Aspect | Details |
|---|---|
| Public Place | The fight must occur in a public area, such as streets, parks, or any place accessible to the general public. |
| Disturbance of Public Peace | The fight must disrupt public peace and order, affecting bystanders or normal public activities. |
| Number of Persons | At least two or more persons must be involved in the fight. |
Punishment
| Offence | Punishment |
|---|---|
| Committing affray | – Imprisonment up to 1 month, or – Fine up to ₹1,000, or – Both. |
Type of Offence
| Aspect | Details |
|---|---|
| Cognizable/Non-cognizable | Cognizable: Police can arrest without a warrant. |
| Bailable/Non-bailable | Bailable: The accused can claim bail as a right. |
| Court | The case will be tried by any Magistrate. |
Purpose of the Law
- Maintain Public Order: To prevent violent altercations in public places that disrupt peace.
- Deter Violence: To discourage individuals from engaging in fights that could harm others or disturb the public.
- Ensure Accountability: To hold individuals accountable for their actions that lead to public disturbances.
Examples of Affray
- Street Fight: Two individuals engage in a physical fight on a busy street, causing a crowd to gather and disrupting traffic.
- Park Altercation: A group of people starts fighting in a public park, disturbing families and other visitors.
Conclusion
The law on affray ensures that individuals who engage in public fights are held accountable for disturbing public peace. By imposing penalties, it aims to maintain order and safety in public spaces.
Summary Table
| Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
|---|---|---|---|---|
| Committing affray | Up to 1 month imprisonment, fine up to ₹1,000, or both | Cognizable | Bailable | Any Magistrate |
