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

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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

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?

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Arushi has written this article. She was the former editor of WritingLaw. Arushi was among her college and university toppers while completing BALLB. In 5 years of college, she won over 40 trophies at moot courts, extempore, debates, quiz, and other activities.

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