Distinguish between Rioting and affray

1. INTRODUCTION

Rioting and affray are two different offences against public peace. Section 146 and 147 for rioting and section and 160 describes affray. Both are different from each other on different points such as to place, number of personal punishment etc.

2. RELEVANT PROVISION

Following are the relevant provisions of PPC regarding the concerned topic.

Sections 146 and 147 for rioting:

Sections 159 and 160 for affray.

3. Meaning of Rioting

The term Riot means a public disturbance involving intentional use of force or violence for a common object.

4. DEFINITION OF RIOTING U/SEC. 146

Whenever force or violence 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.

5. INGREDIENTS OF RIOTING

The ingredients of an offence of rioting are

i. UNLAWFUL ASSEMBLY

There must be an unlawful assembly and the accused must be a member thereof: As if there is no unlawful assembly no conviction for rioting under this section can be maintained. So in order that a conviction for rioting can be established there must be an unlawful assembly.

(ii) USE OF FORCE OR VOLENCE

In order that offence of rioting may constitute, there must be a use of force or violence by the unlawful assembly or any member thereof.

iii. BY UNLAWFUL ASSEMBLY OR ANY MEMBER THEREOF

The use of force or violence must be by an unlawful assembly or any member thereof. If that force or violence has not been used by an unlawful assembly or any member thereof, the accused cannot be held guilty of the offence of rioting.

iv. IN PROSECUTION OF COMMON OBJECT

Such use of force or violence must be in prosecution of common object that unlawful assembly. Where the unlawful assembly has no such common object, there can be no unlawful assembly and no member of such assembly can be convicted of rioting. So in order that an offence of rioting may constitute such use of force or violence must be in prosecution of common object of that unlawful assembly.

6. PUNISHMENT FOR RIOTING U/SEC. 147

Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which with extend to two years, or with fine or with both.

7. PUNISHMENT FOR RIOTING ARMED WITH DEADLY WEAPO III U/S. 148, PPC.

Whoever is guilty of rioting, being armed with a deadly weapon or with anything which used as a weapon of offences, 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.

8. AFFRAY

i. MEANINGS OF AFFRAY

It means a mutual combat of two or more persons in a public place to the terror of people.

ii. DEFINITION OF AFFRAY UNDER SECTION 159

When two or more persons, by fighting in a public place disturb the public peace they are said to commit an affray.

iii. ESSENTIALS OF AFFRAY

The ingredients of the offence of Affray are:

a. TWO OR MORE PERSONS

There must be two or more persons to complete the offence of affray.

(b) FIGHTING

There must be a mutual fighting between two or more persons. Fighting is an essential element to constitute affray. It connotes a contest or struggle for mastery between two or more, persons against one another' in which each of two sides is trying to obtain mastery over the other.

Mere abusing or quarrelling in a public street without any Criminal violence by both sides does not constitute fight. So in order that an offence of affray may constitute there must be a mutual fighting between two or more persons.

c. PUBLIC PLACE

The fighting must have been, occurred at a public place.

A public place is one whether the public go, no matter whether they have a right to go or not. Moreover the places where the public are actually in the habit of going must also be deemed to be a public place for the offence of affray.

d. CONSEQUENT DISTURBANCE OF PUBLIC PEACE

It is essential that there must be a disturbance of the public peace. The offence under this section postulates the commission of a definite assault or breach of peace. Mere quarrelling in a street over money matters without exchange of blows is not "I sufficient to seek the benefit of this section.

e. PUNISHMENT FOR COMMITTING AFFRAY U/SA 160

Whoever commits any 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 both

9. DIFFERENCE BETWEEN ROITING AND AFFRAY

i. AS TO DEFINITION

Rioting has been defined Section 146 of PPC but affray been defined in section 159 of PPC.

ii. AS TO MEANING

Rioting means a public disturbance involving intentional use of force or violence for a common object but affray a mutual combat of two or more persons a public place to the error of people.

iii. AS TO PLACE

Rioting can be committed even in a private place but affray cannot be committed in a private place.

iv. AS TO NUMBER OF PERSONS

Rioting is committed by five or more persons but Affray is committed by two or more persons.

v. AS TO COMMON  OBJECT

In Riot, there is a common object as mentioned in Section 141 of PPC but In affray there may or may not a common object.

vi. AS TO LIABILITY

In a riot of every member of the unlawful assembly is punishable although some of them may not have personally used force or violence but affray not so in the case of an affray because only those actually engaged are liable.

vii. AS TO PUNISHMENT

The punishment awarded in case of riot is imprisonment for two years or with fine or with both but in affray The punishment awarded in case of riot is imprisonment for two years or with fine or with both.

viii. As to enhanced Punishment

In case of rioting enhanced punishment a person is armed with deadly weapon but in case of affray no enhanced punishment is been provided.

ix. As to Nature of offence

In rioting a offence against the public peace but in affray also offence against pubic peace.

Conclusion

In last to conclude i can say that for the offence of affray there must be two or more persons by fighting in a public place disturb the public peace and in case or rioting there must be an unlawful assembly disturbing the public peace. 

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