5 Major Differences Between Riot and Affray

Riot Vs Affray

5  Major differences between Riot and Affray are

1. Definition :- According to section 146 of the IPC 1860 " Whenever force or violence is used by any member thereof, in prosecution of the common object of such assembly every member of such assembly is guilty of the offence of rioting."

According to section 159 of the IPC 1860 , "when two or more persons by fighting in a public place, disturb the public peace, they are said to commit an affray."

2. Place :-  A Riot may take place anywhere i.e.,both at a  public public and a private place.
An affray cannot be committed in a private place.

3. Number of persons :-  A Riot can be committed by at least five persons.
An affray can be committed by two or more persons

4. Unlawful Assembly :- Rioters first constitute an unlawful assembly, an affrayer need not be so.

5. Punishment:- According to section 147 of the IPC, "Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

According to section 160 of the IPC  "Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both."
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