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
- A fight between two or more persons.
- It must be in a public place.
- The fight must disturb public peace.
- 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.
- 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.
- Rioting is more serious in nature.
- Affray is less serious in nature.