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Thursday, 18 April 2019

Difference Between Rioting and Affray

Public Tranquility refers to those offenses which are against the people, their property and it even extends to the offenses towards the state. These offenses basically refers to those activities which immensely disturbs the society, done by a group of individuals. Today's post is mainly concerned with the Difference between Rioting and Affray.




Public Tranquilty includes certain offenses. And the Indian Penal Code (IPC) involves all the aspects of criminal law and sets certain sections for each of the offenses. Rioting and Affray are two of the main offenses against Public Tranquility, about which we are mainly going to discuss today.

Today, we are mainly going to explore and analyse about what is rioting and affray, and the basic differences between them. Rioting and Affray is been briefly and specifically stated further.

difference-between-rioting-and-affray
Difference Between Rioting and Affray

Difference Between Rioting and Affray


Riot

1. Definition : Rioting refers to the force or violence used by an unlawful assembly. In particular state of activity, riot is simply an unlawful assembly. Every member of unlawful assembly is guilty of the offense of rioting, whenever force of violence is used by an such assembly.

2. Ingredients :

(i) The accused person must be five or more in number

(ii) They must be animated by common object

(iii) Force or violence must be used by the unlawful assembly

3. Involvement of criminal force : In riot, there is overawe by criminal force.



4. Section concerned : Section 146 of Indian Penal Code is concerned with Rioting.

5. Punishment : Any person being guilty for rioting, shall be punished, with an imprisonment for a term which may or may not exceed duration of two years, or with a fine, or even both. Section 147 of IPC is concerned with punishment for Rioting.

Affray

1. Defintion : The word 'Affray' is derived from the French word 'affraier' which means to terrify. In law, it refers to public offense. An affray is said to be committed, when two or more person, disturbs the public place, by fighting in the place concerned.

2. Ingredients

(i) Two or more person must fight

(ii) They must fight in public place

(iii) By their fight, they must disturb the public place



3. Involvement of criminal force : In affray, there is no such activity against government, thus, there is no criminal force involved.

4. Section concerned : Section 159 of Indian Penal Code is concerned with Affray.

5. Punishment : Any person who commits an affray, shall be punished with an imprisonment for a term which may or may not exceed duration of one month, or with a fine of one hundred rupees, or even both. Section 160 of IPC is concerned with punishment for Affray.



These were the basic differences underlying between Rioting and Affray. Thus, we got a brief analysis about what Riot and Affray actually is, and the Differences between Rioting and Affray, could also be analysed from above.

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