Code
When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.
Explanation
Affray is defined as an act that is likely to cause a breach of peace and happens when two or more persons fight in a public place. It is a criminal offense that involves a disturbance of public order.
The key elements of affray are:
- Two or more persons fighting
- Fighting in a public place
- The act being likely to cause a breach of peace
Illustration
Imagine a group of people arguing loudly in a crowded market, leading to a physical fight. This scenario could be considered affray, as it involves two or more persons fighting in a public place and causing a disturbance.
Similarly, if a group of people gather in a public park and engage in a violent brawl, this could also constitute affray.
Common Questions and Answers
Q1. What is the punishment for affray?
Answer: A person convicted of affray can be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Q2. Does an affray need to involve physical violence?
Answer: While physical violence is common in affray, it is not always necessary. The act of fighting can also involve verbal abuse, threats, or gestures that are likely to provoke a breach of peace.
Q3. What is the difference between affray and rioting?
Answer: While both affray and rioting involve a disturbance of public order, rioting involves a larger group of people and is often more organized and violent than affray.
