No

Riot

Affray




1

Definition:

Section 146 of Indian Penal Code defines the offence of rioting and Section 147 prescribes the punishment for rioting.

“Whenever force or violence is used by and unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence or Rioting”


Definition:

    The definition of affray is given in Section 159 (IPC) –

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



2

Ingredients –

To constitute Rioting under Section 146 the following ingredients must be present –

1). There must an unlawful assembly (Section.141)
2) The accused Must be member of such unlawful assembly (Section 142)
 3) Force or violence must be used by the said unlawful assembly or any member thereof.


 Ingredients –

To constitute an affray as defined in Section 159 there must be -

1). Fight between two or more person.
2) In a public place, and
3) The fight must disturb the public place.   
3

Riot may be committed in any place public or private.  

An affray must be committed in a public place.

4

Riot must be committed by five or more persons. The least number must be five.

An affray can be committed by two or more person the least number must be two.


 5

Riot is much serious than affray and is punishable with two years.  


An Affray is not so much serious like riot and is punishable with one month or fine up-to rupees hundred   


6.

In case of riot every person of the unlawful assembly committing an act is punishable, although some of them may not have personally used force or violence essential for the riot.


In case of affray, only those who are actually engaged are punishable


7.


 Punishment -
Section 147 prescribes punishment for rioting, 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.


Punishment -
Section 160 of the Indian Penal Code prescribes punishment for affray - Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend one month, or with fine which may extend to one hundred rupees, or both.
  






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