Rioting And Affray

Q. Distinguish between rioting and affray What Punishment is Provided for

this offence.(1995)
1.Introduction:
Chapter VIII of P.P.C deals with the offences against public peace. It may be
disturbed even by single person but when it is disturbed by more then one person;
the trouble becomes magnified and deserves special treatment. Both rioting and
affray are offences against public peace but differ in their magnitude and scope.
2. Relevant Provisions:
following are the relevant provisions of P.P.C regarding the concerned topic.
Section 146 and 147 for rioting
Section 159 and 160 for affray
3. Rioting:
(I) Definition U/Sec 149:
Whenever force or violence is used by an unlawful assembly or by any member
thereof in prosecution of the common object of such assembly is guilty of the
offence of rioting.
(II) Ingredients:
Following are the ingredients of an offence of rioting.
(i) Use of Force or Violence:
There must be use of force or violence by an unlawful assembly or any member
thereof to constitute an offence of rioting. It is not necessary that the force or
violence should be directed against any particular person or object.
(ii)By Unlawful Assembly or Any Member:
The force or violence must be use by an unlawful assembly or any member of it, so
to constitute an offence of rioting all the ingredients of sec. 141 need to be fulfilled.
(ii) In Prosecution of Common Object:
Such force or violence should have been used in prosecution of the common object
of such assembly.
(III) Punishment U/Sec 47:
Whoever is guilty of rioting, shall be punished with imprisonment of either
description for a term which may extend to two years or with fine or with both.
(IV) punishment Where Rioting Armed With Deadly Weapon U/Sec 148:
However is guilty of rioting being armed with deadly weapon or with anything which
used as a weapon, offence, is likely to cause death shall be punished with
imprisonment of either description for a term which may extend to three years or
with fine or with both.
A person cannot be found guilty under this section unless he actually has a
dangerous weapon in his hands. (PLD 1981 Sc286)
4. Affray:
(I) Definition U/Sec 159:
When 2 or more persons by fighting in a public place disturb the public peace, they
are said to commit an affray.
(II) Ingredients:

(i) Two or More Person:

An affray requires two sides fighting.
Case Law
PLD 1959 LAH I0I8
It was held that on the offence of affray there must be to or more person. Passive
submission by one party to a beating by the other is not affray.
(ii) Public Place:
Fighting must be at public place. A public place is one where the public go, on
matter, Whether they have a right to go or not.
(iii) Disturbance of Public Peace:
It is essential that there must be a disturbance of the public peace i.e assault or
breath of the peace. Mere quarelling is not sufficient to attract section 159.
(III) Punishment U/Sec 160:
Whoever commits an affray shall be punished with imprisonment of either for a
term which may extend to one month or with fine which may extend to one hundred
Rs. With both.
5. Distinction Between Rioting And Affray:
(I) Place
Rioting can be committed at any place whether private or public.
Affray can be committed at only Public place.
(II) Number Of Person:
Rioting requires five-or more persons. Affray requires two or more persons.
(III) Liability:
In riot every member of an unlawful assembly is punishable although some of them
may not have personally used force or violence. In affray only those actually
engaged are liable.
(IV) Object:
In rioting the object to use force or violence must be one mentioned in sec. 141.
In affray, the object is to disturb the public peace.
(V) Punishment:
In riot, punishment awarded is imprisonment which may extend to two years or
which fine or with both.
The punishment for affray is imprisonment which may extend to one month or with
fine which may extend to RS. 100 or with both.
(VI) As To Enhancement Of Punishment:
Enhanced punishment is provided for rioting if a person is armed with a deadly
weapon u/sec 148.
For affray no such provision is present.
6. Conclusion:
To conclude, I can say, that the law takes special measure to restrain acts involving
breach of peace and punish those acts as such. Rioting and affray both defines
offence involving disturbance in speace.