6 Differences Between Rioting and Affray
What are the differences between rioting and affray

6 Differences Between Rioting and Affray

1. RELEVANT SECTION IN 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

Bare Act PDFs
  • 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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