Distinction between Affray and Assault: The essential ingredient of affray is to disturb the public peace in a public place by fighting between two or more persons. State of Andhra Pradesh, 1997 7 Supreme Today 127. As per the , rioting is said to be committed when more than 5 persons assemble unlawfully and engage in acts of force or violence in the pursuance of a common goal. There is requirement of five or more persons to constitute rioting whereas in affray requires two or more persons. In other words, only being part of that very mob is enough to be charged with rioting.
In many legal jurisdictions related to , affray is a offence consisting of the fighting of one or more persons in a public place to the terror in : à l'effroi of ordinary people. It has also been distinguished from riot and assault due to its distinction of place where the act was committed, the number of parties and whether the public was affected or not. Imputations, assertions prejudicial to national-integration. C one obvious question which arises to the mind of the reader that: What is an Unlawful Assembly? Section 144 of crpc states about the power to issue an order in dire instances of nuisance or apprehended risk. In the wake of violent protest amid the last monthly pooja, the state police have likewise chosen to increase deployment of forces in Sabarimala area.
It was held that no affray was committed. In about 1861, Officer Raj-Ratna E. A street fight Look up in Wiktionary, the free dictionary. The punishment changes when there is threat to life. According to Section 130 1 of Cr. Section 142 of Indian Penal Code Whoever, being aware of facts that makes any assembly an unlawful assembly, intentionally joins that assembly or continues in it, is said to be the member of that unlawful assembly.
Section 144 applies amid mobs and election continuing after the announcement of the election. Article shared by Legal provisions regarding Punishment for committing affray under section 160 of Indian Penal Code, 1860. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. Prohibitory orders will be set up until November 26. Using weapons is not necessary in affray. Fighting means necessarily a contest or struggle for victory against one another.
As this section confers full power to magistrate to take certain action to apprehend danger in case of emergency, the Magistrate should apply his mind to see whether the matter is of such nature which requires an order under this section, as otherwise a matter to disperse unlawful assembly creating public nuisance can be dealt with under section 133 of Cr. Affray and assault:- An affray is nothing more than an assault committed in public place and in a conspicuous manner as it makes men afraid. Punishment for Unlawful Assembly i Under Section 143 of I. An affray is a type of and a breach of the peace since it is conduct that disturbs the peace of the community. The maximum penalty for an offence of affray contrary to section 93C is a period of imprisonment of 10 years. Nor will mere howling in pain do. Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for , , or ; if so, it is for one of these offences that they are usually charged.
Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. For an affray to be committed, there must be actual fight wherein there is exchange of blows between two or more persons. Disturbance of the public peace In order to constitute an affray, there must be not only fighting, but it may cause disturbance of public peace. Merely causing of public inconvenience is not enough. After going through above two sections i. Being member of unlawful assembly.
The offense originated under the and in some jurisdictions has become a statutory crime. The section was imposed for the first time in 1861 by the British Raj, and thereafter turned into a critical instrument to stop every single nationalist protest amid the Indian freedom movement, and its utilization in independent India stays controversial as not much has changed. Mere membership of the unlawful assembly is sufficient; State of Maharashtra v. Even the traffic was jammed but no actual fight broke out between them. Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Even being part of the unlawful assembly wherein the mob commits such acts shall also attract the punitive provisions for the same offence. Punishment for committing affray: 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.
In assault there is no actual fight or use of force, only gestures of preparation are used so as to cause a person present to apprehend that criminal force is about to be used. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse — 146. Dispersal of Unlawful Assembly In Babulal Parate v. Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. If WritingLaw is helpful to you please consider supporting me. That is when a public procession tends to overawe government by the use of force, like what the Stone Pelters do at parts of Kashmir to protest against the government, such an assembly is termed as an unlawful assembly. Though it may need two for a fight or quarrel, the difference between them is obviously apparent.
Rioting and Affray- offences against public peace and tranquility This article draws the comparison between the offences contained in. Although an agreement to fight is not an element of the crime under the common-law definition, some statutes provide that an affray can occur only when two or more persons agree to fight in a public place. This definition is taken from that in the English Bill of 1880, cl. Passive submission by one party to a beating by the other will not do. And who all are liable to be punished as an unlawful assembly? Maintaining a fast, updated and ad-free website takes a lot of time and money. Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly. See sections 6 5 to 6 7.
Whoever knowingly carries arms in any procession or organizes or holds or takes part in any mass drill or mass training with arms in any public place in contravention of any public notice or order issued or made under section 144A of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to six months and with fine which may extend to two thousand rupees. It is punishable by a fine, imprisonment, or both. Please check this website and the bare acts here. Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police-station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it, and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly. Quarrelsome or threatening language will not amount to an affray.