Introduction  

Section 159 and 160 of the IPC deals with affray and its punishment.  

When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”. 

Section 159 of IPC provides that ‘Affray’ is defined as “When two or more persons by way of a brawl in a public place, disturb the public peace, they are said to commit an offence of affray.” 

An affray is committed in a public place and strives the terror in the mind of the people.   

Definition

Affray refers to fighting in public so that it disturbs the public order and peace. For affray to take place the presence of two or more persons is a must and their action should negatively affect the tranquility of their surroundings. However, most importantly the effect of their behavior should create disorder in society and for the people. 

For example, if one person comes and slaps another person, that would not be counted as an affray, but if that act threatens the public peace, then this act would amount to affray.  

Based on the impact of their behavior the guilty could also be convicted under unlawful assembly or rioting. The punishment usually depends upon the impact that their behavior creates in society or the level of threat they pose. 

Sunil Kumar Mohamed Alias Mahakhuda Vs. The State of Orissa  

It is important to note that it is not necessary that any offence committed in public is affray, only the offence that has the potential to cause a disturbance in the public tranquility could be termed as affray. 

Offence of affray  

Defined under section 159 IPC. 

 It is a cognizable offence. 

It may be tried by any magistrate. 

It is a non-compoundable offence. 

It is a bailable offence 

Essentials:

Fighting by two or more persons. 

The fight must take place in a public place. 

Such fighting must also result in the disturbance of public peace. 

Fighting by two or more person  

The offence of Affray is a fight, a bilateral act, in which two parties actively participate. 

It will not amount to an affray when the party who is assaulted submits to the assault without opposing it. 

Fighting necessarily implies a sense of competition and struggle for the mastery between two or more persons against one another. 

When the members of one party beat the members of the other party and the latter does not retaliate/strive back or make no alternative to retaliate but remain passive, so it can’t be concluded that there was the scene of fighting between the members of one party and the members of the other. 

It involves an actual fight between the parties to constitute this offence, and mere quarrelling and abusing each other would not result in an offence of affray.   

Fighting in public place  

The offence must be committed in a public place and in the presence of the public; when there is no individual present then there can be no breach of the public peace. 

Disturbance of public peace  

Offence of affray, there must be not only fighting between one or more than one party but also it may cause disturbance to the public peace. 

The offence protects the public in a public place, so in order to put someone under this offence, disturbance in public peace must be destroyed. 

State v. Meer Singh 2012 

Three men were fighting which results in the disturbance of the peace of that locality. 

It was the admitted case of both the accused persons that they were fighting in a public place and definitely in such a fight, it was natural that disturbs the public peace and for doing that they have to suffer hence, they put for the conviction under the offence of affray. 

Section 160:  Punishment  

Whoever commits an offence of af­fray, shall be punished with imprisonment of either description for a term which may extend to one month, or liable to pay a fine which may be extended to one hundred rupees, or with both simultaneously.