Affray

Affray

1. Affray The word “affray” means a tussle or fighting between two or more persons, and there must be a stroke hit or offered, or a weapon drawn. An affray is committed in a public place and strives the terror in the mind of the people. Section 159 of the Indian Penal Code provides that ‘Affray’ is defined as “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.” The punishment for committing the offence of affray is imprisonment for a term prescribed or may extend to one or fine upto one hundred rupees and shall be both simultaneously provide in Section 160 of the IPC. This offence necessarily postulates the commencement of a definite assault or a breach of the peace. Mere quarrelling or abusing in a public place can not be considered as an exchange of blows moreover, this will not be enough to draw the attention of Section 160 IPC because a fight is a necessary element to possessed affray. This impliedly means both the parties have to be in a state of aggressiveness and should actively participate in the struggle.

2. Affray under english Law In English law provides that, if two or more persons scuffle in a public place to form the terror of the sovereign’s subjects, this will be considered as committing an offence of affray and is a misdemeanour or felony in common law. To warfare in a private place or at a place where no persons are present except those who abet and aid, does not constitute affray. But an assembly for such object is surely unlawful, and the parties may be convicted for an offence relating to affray. It is an aggravated form of affray to violently disturb and create obstruction for the officers of justice in the due execution of their duties, by the way, rescuing the person legally arrested, or the attempt to make such a rescue. Committing that offence is severely punishable in the Queen’s Courts, or even in the palace yard which is near to those courts and it is highly blameworthy even when it committed in the presence of a lower court of justice. Quarrelsome, abusive and threatening words themselves cannot, in law, create such terror so as to constitute an offence of affray, still there might be an offence of affray without the presence of violence shown, as where the persons are themselves armed with dangerous and menacing weapons, in such a manner it will develop naturally a cause terror in the minds of people which is an offence in the common law. In the absence of any direct evidence or proof, it is enough to prove an offence of affray that any subject of the Queen was in fear of intimidation or terror to show that the situation were such that reasonable persons might be frightened or subdue. The offence is punishable with fine which may extend to one hundred rupees or imprisonment and shall both.

3. Affray under Indian Penal Code Section 159 Affray.—When two or more persons, by scuffling in a public place, disturb the public peace, they are said to “commit an offence of affray”. The offence of affray is only committed when there are two or more persons indulged in fighting, not merely verbal, and the same conduct disturbed the public peace. Essential ingredients of Affray An offence of affray can be postulates if it possessed the following: Indulgence in fighting by two or more persons. the fight must take place in a public place. such fighting must also result in the disturbance of the public peace and atmosphere.

4. Fighting by two or more persons The offence of Affray is notwithstanding a fight, i.e., a bilateral act, in which two parties actively participate and it will not amount to an affray when the party who is assaulted submits to the assault without opposing it. Fighting necessarily implies a sense of competition and struggle for the mastery between two or more persons against one another. When the members of one party beat the members of the other party and the latter does not retaliate/strive back or make no alternative to retaliate but remain passive, so it can’t be concluded that there was the scene of fighting between the members of one party and the members of the other. the offence of affray can’t be said to have been established in that case. This observation is propounded in the case of Jodhey And Ors. vs State Through Ram Sahai [1] . “Fight” behold under Section 160 IPC, is certainly different from a mere quarrel. Many qualified Jurist and Judges of the High Court and Supreme Court of India define “fight” as follows: “To strike or struggle to surmount for victory in the battle or in single combat to attempt to defeat the opposition, subdue, or destroy an enemy, either by blows or weapons.” “Quarrel” means that there should be a transposition of anger through utterances between two or more persons and not only the use of an ordinary tone. Though it may need two for a fight or quarrel, the difference between them is obviously apparent.

5. Disturbance in the public peace An affray is distinguishable from assault following points states that:- An affray must be committed in a public place while an assault may take place anywhere generally in private place. Someone can attack over another anywhere. It may be in their house also but for affray, it must take place in where presence of public engaged. The wrong is considered to be an offence against public peace or public at large whereas assault, against the person or an individual.

6. Difference between affray and assault An affray is distinguishable from assault following points states that:- An affray must be committed in a public place while an assault may take place anywhere generally in private place. Someone can attack over another anywhere. It may be in their house also but for affray, it must take place in where presence of public engaged. The wrong is considered to be an offence against public peace or public at large whereas assault, against the person or an individual. Difference between affray and riot The offence of affray differs from riot in the following ways:- One of the fundamental differences is that affray cannot be commenced in a private place whereas a riot can be committed in a private place. To commit an offence of affray there shall be a presence of two or more persons required while for a riot it is mandatory to have five or more than five people to enhance the rioting.

7. Important Case Law Jagannath Shah v. State of Bihar[2] There was a rebute among the two brothers who were quarrelling and abusing each other on a public road in a town. A huge number of people gathered around them. Even the traffic was struck and rush created but no actual fight broke out between them. It was held and observed by the Court that the conduct does not possessed fight and it merely a verbal, hence lack of essential of affray, no offence of affray was committed. Babu Ram and Anr. vs. Emperor[3] A person was assailed and overpowered by two other persons in a public place. He could have no other way to defend himself. It was held that they were guilty of the offence because the essential of affray was there, fighting in a public place which disturbed the public peace and tranquillity or the atmosphere. State v. Meer Singh[4] Three men were fighting which results in the disturbance of the peace of that particular locality. It was the admitted case of both the accused persons that they were fighting in a Gali and definitely in such a fight, it was natural that disturbs the public peace and for doing that they have to suffer hence, they put for the conviction under the offence of affray.