What Are the Differences Between Rioting and Affray

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

Study Material (new tab)

• 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?