Bailabel Type : bailable
Description
Introduction
Public peace and order are essential for the smooth functioning of society. When two or more individuals engage in a physical fight in a public place, it disturbs public tranquility and can lead to chaos.
To prevent such disturbances, Section 159 IPC defines the offense of ‘Affray’ as a public fight between two or more persons that disturbs public peace. Unlike rioting or unlawful assembly, affray does not require a pre-planned motive or group intention but simply an act of physical fighting in a public place.
Understanding Section 159 IPC
Key Elements of Affray
To be prosecuted under Section 159 IPC, the following conditions must be met:
- There must be a fight between two or more persons – The fight must involve:
- Physical violence (hitting, pushing, punching, wrestling, etc.)
- No need for weapons (although weapons may be used, affray can happen even with bare hands).
- The fight must take place in a public place – Examples of public places include:
- Streets, markets, parks, railway stations, stadiums, bus stops, etc.
- A private place does not qualify unless it affects the public (e.g., a fight in a mall or hotel lobby).
- The fight must disturb public peace – The act must cause:
- Fear or panic among the public
- Obstruction of normal activities (e.g., people running away, traffic stopping, businesses closing temporarily)
For example, if two men start punching each other in a crowded street, causing people to flee or panic, they can be charged under Section 159 IPC.
Punishment
Punishment for Affray Under Section 160 IPC
The punishment for committing affray (as defined under Section 159 IPC) is given in Section 160 IPC, which states:
- Imprisonment for up to 1 month, OR
- Fine up to ?100, OR
- Both imprisonment and fine
