Affray in Criminal Law

An affray is a quarrel in public that jeopardizes law and order. An affray requires the presence of two or more people and the unfavourable impact of their acts on the peace of their surroundings. The fact that what they are doing should cause social unrest and societal instability is what matters most, though. Slapping someone, for example, wouldn't be seen as an affray unless it threatened public order, in which case it would be.

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This Story also Contains

1. Meaning of Affray
2. Essentials of Affray
3. Punishment for Affray
4. Defences for Affray
5. Difference Between Riot and Affray
6. Case Laws on Affray
7. Conclusion

The guilty can potentially be found guilty of rioting or unlawful assembly depending on the consequences of their actions. Generally, the severity of the penalty depends on the degree of harm or social impact the behaviour poses.

Meaning of Affray

Given that the word "affray" comes from the French word "affraier," which means "to terrify," it is regarded by the law as a public offence that incites fear in the public. It suffices that the public or certain members of the public would have been alarmed for this offence to be found guilty. It is not required for any specific member of the public to provide proof indicating that they were alarmed.

The fact that members of the public were present while this offence was committed may be sufficient evidence that they should have been cautious in their lives as a result of the disturbance and that the peace was disturbed. It is a form of unruly conduct that violates public order and is seen as a breach of peace. The crime of "affray" involves the use of force against one or more persons by at least one person, as well as unlawful combat. A common-law offence that can be tried by a judge or jury is also the threat of violence, which is more physical than merely verbal. In addition, it can occur in both public and private settings.

"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," according to Section 159 of the Indian Penal Code, is considered an act of affray.

The offence of affray carries a punishment of one hundred rupees or more, or a set length of imprisonment, as stipulated in Section 160 of the Indian Penal Code. The punishments are to be served concurrently. This offence inherently presumes the start of a specific attack or disturbance of the peace. Since a fight is a prerequisite for criminal affray, arguing or abusing someone in public cannot be regarded as an exchange of blows and will not be enough to activate Section 160 IPC. This suggests that to resolve the disagreement, both parties must respond forcefully.

Essentials of Affray

Fight Between Two or more Persons

Even when two persons actively engage in a fight, which is a bilateral act, it is still considered an affray when the victim of the assault submits to the assault without resisting it. The core of fighting is rivalry and a battle for dominance between two or more individuals. It is impossible to determine that there was fighting between the two groups when members of one side beat members of the other and the latter decided not to take offence and try to fight back. Furthermore, it is impossible to conclude that the offence of affray has been proven in that specific instance. Ram Sahai notes this in the Jodhey and Ors. v. State case.

Fight in a Public Place

Regardless of their legal authority to do so, any location where people congregate in the open is regarded as a public space. A public performance that starts and ends in a public place is two entirely distinct things. England's criminal statute law makes a distinction between acting in public and acting in a public location under observation. Some statutes penalize actions carried out in public, whereas other statutes penalize actions carried out in public spaces. A similar distinction is shown in the Acts of the Indian Legislature and its clauses. In this instance, committing the offence in public and with other persons present is necessary; if no one is there, there cannot be a breach of the peace.

Disturbing Public Peace

An affray offence requires not only fighting between one or more parties but also the possibility of disturbing the peace in the community. Since the offence is to safeguard the public in a public place, a disturbance of peace must be caused to convict someone of this crime.

Punishment for Affray

If an adulterous relationship is proven, the offender may be sentenced to one month of imprisonment of any sort, a fine of up to one hundred rupees, or both.

Defences for Affray

An individual can clear oneself of the charge of affray by demonstrating that they were defending their property and themselves in self-defence. The assertion that the behaviour or conduct did not cause any witness to become frightened or fear for their safety could potentially serve as a defence. If the accused can demonstrate that he did not participate in the affray that is, he did not engage in physical combat or threaten anyone they may also be successful in their defence.

Certain jurisdictions may also apply to other defences. For instance, in New South Wales, one could be able to assert a defence based on "necessity" or "compulsion," meaning that at that particular moment, it is the right thing to do, and their participation in the attack was prompted by another factor, like the protection of minors.

Difference Between Riot and Affray

Case Laws on Affray

In the case of Jagannath Shah v. State of Bihar

In one instance, the two brothers launched a counterattack while fighting and striking each other on a town's public road. There was a mass of people congregating around them. Although there was a hurry and even some traffic disruption, there was no physical altercation between them. The Court found and noted that there was no physical altercation involved in the behaviour; rather, it was purely verbal. Consequently, no crime of affray was committed.

In the case of State v. Meer Singh

In this instance, there was a fight involving three people, upsetting the peace of the neighbourhood. The two accused parties filed for conviction on accusations of affray, acknowledging that they were engaged in a public fight and that it was only natural for such a combat to disturb the quiet and cause them to suffer.

Conclusion

Section 159 of the Indian Penal Code 1860 deals with the offence of Affray. In the offence of Affray, two or more persons are involved in a fight which disturbs the peace and prosperity of the society. Such a fight must arise in public to be an offence of affray. According to the IPC, the offence of affray is punishable and also the offender will be liable to a fine or both. The offence of affray is considered as a bilateral offence as two persons are involved in affray. Section 160 of the Indian Penal Code 1860 deals with the punishment for affray.