![]() For an affray to be committed, there must be actual fight wherein there is exchange of blows between two or more persons. Two or more persons should fight: There cannot be affray if a single person commits the damage to the public property or threatens the public peace.There are three important elements to constitute affray are (i) Two or more persons should fight, (ii) in a public place, (iii) disturbing the public peace. “When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.” The legal provision for affray is entailed Section 159 IPC. Affray is a cognizable and bailable offence and is non-compoundable and is triable by the magistrate. An affray cannot be committed in a private place. There cannot be affray till the second party does not resist it and/or respond to the assault by the first party. AffrayĪn Affray is said to be committed when two or more person start fighting or indulge into a scuffle in a public place which eventually causes disturbance to public peace and tranquility. The offences against the public tranquility are included in Chapter VIII of IPC. For further clarity on any point, you may write to our top lawyers in tricity. This article draws the comparison between the offences contained in chapter VIII of IPC. Rioting and Affray- offences against public peace and tranquility ![]()
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