6 Differences Between Rioting and Affray
1. RELEVANT SECTION IN IPC
- Rioting is given under Section 146 of IPC.
- Affray is given under Section 159 of IPC.
2. ESSENTIALS OF RIOTING
- There must be an unlawful assembly.
- The accused must be a member of such an unlawful assembly.
- Force or violence must be used by such unlawful assembly or by any member of such assembly.
ESSENTIALS OF AFFRAY
- A fight between two or more persons.
- It must be in a public place.
- The fight must disturb public peace.
3. PLACE
- Rioting may be committed at any place, whether public or private.
- Affray is committed only in a public place.
4. NUMBER OF PARTIES
- In rioting, there must be a minimum of five persons.
- In affray, a minimum of two persons are required.
5. PUNISHMENT
- In rioting, every member is punishable irrespective of whether he has actively participated or not.
- In affray, only those persons are punished who are participating.
6. NATURE
- Rioting is more serious in nature.
- Affray is less serious in nature.
Related:
1. Chapter VIII (141-160) of IPC – Offences Against the Public Tranquility. It talks in-depth about rioting, affray, etc.
2. What Are the Laws Related to Rioting in India?
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Arushi has written this article. She was the former editor of WritingLaw. Arushi was among her college and university toppers while completing BALLB. In 5 years of college, she won over 40 trophies at moot courts, extempore, debates, quiz, and other activities.
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