Code:
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.
STATE AMENDMENT
Uttar Pradesh.–
Abatement of certain trials.– Notwithstanding anything contained in any other law for the time being in force, —
(1) the trial of an accused for —
(a) an offence punishable under —
“(i) the Motor Vehicles Act, 1988; or ”
(ii) the Public Gambling Act, 1867, not being an offence punishable under section 3 of that Act or an offence in respect of wagering punishable under section 13 of that Act; or
(iii) section 34 of the Police Act, 1861; or
(iv) section 160 of the Indian Penal Code, 1860; or
(b) any other offence punishable with fine only, or
(2) a procedure, under section 107 or section 109 of the Code of Criminal Procedure, 1973, pending before a Magistrate on the date of commencement of this Act from before “December 31, 2015” shall abate.
[Vide the Uttar Pradesh Act 35 of 1979, s. 9, and amended by Uttar Pradesh Act 29 of 2016 and 9 of 2018].
Explain it:
Section 160 states that whoever commits an affray shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
“Affray” is defined in Section 158 of the IPC as an act that involves:
- Unlawful assembly of two or more persons
- Using or threatening to use violence towards any other person
- Causing fear of harm to any other person
Illustrate it:
- A group of people gathers in a public place and starts shouting and fighting with each other, causing fear and disturbance to others.
- Two groups of people engage in a street brawl, using sticks and stones to attack each other.
- A group of individuals threatens to use violence against another person, creating a tense and dangerous situation.
Common Questions and Answers:
Q: What is the difference between rioting and affray?
A: Rioting is a more serious offense that involves a larger group of people engaging in more violent and destructive activities than an affray. Affray involves a smaller group and less severe violence.
Q: Can a person be charged with affray if they were only present at the scene?
A: No, a person can only be charged with affray if they actively participate in the unlawful assembly and use or threaten to use violence.
Q: What are the possible defenses against a charge of affray?
A: Defenses may include self-defense, provocation, or lack of intent to cause fear or harm.
