Affray: Meaning, Definition, Elements and Punishments - Section 159 of IPC

Q.  Discuss the elements of Affray. [2018 - 4 marks]

Meaning and Definition of Affray

Affray is committed when two or more persons fight at a public place disturbing peace. Section 159 of IPC defines affray as "When to or more person, by fighting in a public place, disturb public peace, they are said to commit an affray."

Essential elements of Affray

1. There should be a fighting among two or more persons. Fight is the most necessary element of affray.
2. The fighting should occur in a public peace. If a few people are fighting inside their home, it would not amount to affray.
3. The fighting should disturb public peace. This means, if few people are fighting in a public place but nothing was disturbed, this will not be termed as affray.

Punishment for Affray

 Punishment for Affray is given in Section 160 of the IPC. The punishment is imprisonment upto one month or fine up to rupees one hundred or both. 


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