In this article you will learn about the Difference Between Riot and Affray in IPC.
Riot
Riot is defined under section 146 of IPC. It defines rioting as an unlawful assembly of five or more persons who have a common object, with the intention of using force or violence and disturbing the public peace. Rioting is defined as – Whenever violence or force is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. Rioting may be committed anywhere, either in public or private.
The punishment for rioting is given under section 147 of IPC. Punishment for rioting is defined as — Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both whereas, whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. This is given under section 148.
Illustration
Fifty members of unlawful assembly by using violence and force burn down ten buses with the common objective to resist arrest of X. So, here the offence is riot.
Affray
Affray is defined under section 159 of IPC. Affray is an offence committed by individuals rather than a group. It occurs when two or more persons engage in a public fight or brawl that causes others to fear for their safety. It is defined as – When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”. It is less serious in nature. It may be a sudden or pre-planned offence.
Punishment for committing affray is defined as — Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.(Sec. 160)
Illustration
X along with his two friends get into a fight with Y and his brother at the railway station. So, here the offence in affray because railway station is a public place.
Points of Differences
| DIFFERENCE | RIOT | AFFRAY |
|---|---|---|
| Section | Section 146 | Section 159 |
| Meaning | Whenever violence or force is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. | When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”. |
| Place | Can be committed anywhere | Only committed in public places |
| No. of Parties | Minimum 5 persons | Minimum 2 persons |
| Nature of offence | More serious | Less serious |
| Liability | Every member of unlawful assembly is punishable irrespective of what he/she has actively participated or not. | Only those persons are punished who are participating in committing the offence of affray. |
| Planning | Generally pre-planned | May be sudden or pre-planned |
Conclusion
The key distinction between riot and affray lies in the number of people involved and their collective intent. Riot involves an unlawful assembly of five or more people with a common object, whereas affray involves a fight or brawl between two or more individuals in a public place that causes others to fear for their safety.
This article on Difference Between Riot and Affray in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.