RIOTING AND AFFRAY
What is the difference?
Difference Between Rioting And Affray
1.WHICH SECTION IN IPC?
Rioting is given under Section 146 of IPC.
Affray is given under Section 159 of IPC.
2.ESSENTIALS OF RIOTING
I.There must be an unlawful assembly.
II.The accused must be a member of such unlawful assembly.
III.Force or violence must be used by such unlawful assembly or by any member of such assembly.
ESSENTIALS OF AFFRAY
I.a fight between two or more persons.
II.It must in a public place.
III.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:
Chapter VIII (141-160) of IPC – Offences Against the Public Tranquility. It talks in-depth about rioting, affray, etc.
