Meaning of Affray under IPC Section 159 and Punishment for committing affray
In IPC Chapter VIII under of Offences Against the Public Tranquility Section 159 defines Affray & Section 160 defines Punishment for commuting affray.
Ingredients. - The following are the ingredients of this offence :
- Two or more persons must fight ;
- They must fight in a public place ;
- By their fighting they must disturb the public peace.
Two or more persons. - The offence of an affray requires at least two persons. The number may be more.
Fighting in a public place. - To constitute an affray fighting must take place in a public place. 'Public place' is a place where the public go, no matter whether they have a right to go or not. For instance, a railway platform, a theatre hall, an omnibus, a public urinal, a goods yard of railway station, a market, a public ferry and a passenger train are all public places. A public garden is not a public place at all hours but it is a public when open to the public. likewise, a court of law, a hospital, a church, a mosque or a temple are all public places during private or public varies from time to time.
In Jagannath Sah (1937), two brothers were quarreling and abusing each other on a public road in a town and a large crowd gathered and the traffic was jammed but no actual fight took place. It was held that no affray was committed in a absence of actual fight.
Read Also : || IPC Section 121 and 121-A : Offences Against The State ||
Section 160. Punishment for committing affray. - Whoever commits an affray, shall be punished with imprisonment fo either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.