Introduction

The word “Affray” has been derived from the French word “affraier” which means to terrify and so in a legal sense it is taken for a public offence causing terror to the people.

• The definition of affray is given in Section 159 of the Indian Penal Code, 1860 (IPC).

Meaning of Affray

• According to Blackstone, the offence is the fighting of two or more persons in public place to the terror of His Majesty’s subjects for, if the fighting be in private, it is no affray but an assault.
• The gist of the offence consists in the terror it causes to the public.

Section 159 of IPC

• This Section states that when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray.

Essential Elements of Section 159 of IPC

• Fighting of two or more persons.
• The fight must take place in a public place.
• Such fighting must result in the disturbance of public peace.
• There is no affray in private places.
• Quarrelsome or threatening language will not amount to affray.
• It is a cognizable, bailable, non-compoundable offence.

Punishment for Committing Affray

• Section 160 of IPC deals with the punishment for affray.
• It states that 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.

Case Law

• In the case of Sunil Kumar Mohamed Alias Mahakhuda v. The State of Orissa, (2008), it was held that when one person beats on another person in a public place, no offence of affray is committed, the offence of affray is committed only when there is fighting in the public disturbing the public peace.