5 Major Differences Between Affray and Assault

5 major differences between affray and assault are 

1. Definition:-  According to section 159 of IPC 1860  "When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.

According to section 351 of IPC, "Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or prepa­ration will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault."

2. Place:- An affray must be committed in a public place.
An assault may take place anywhere

3. Nature of offence:-  Affray is regarded as an offence against the public peace.
An assault is an offence against the person of an individual

4. Affray and assault:- An affray is nothing more than an assault committed in public place and in a conspicuous manner as it makes men afraid.
In assault there is no actual fight or use of force, only gestures of preparation are used so as to cause a person present to apprehend that criminal force is about to be used.

5. Punishment:-  Affray- According to section 160 of 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."

Assault:- According to section 352 of IPC, "Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. " 

References
Ratanlal & Dhirajlal- THE INDIAN PENAL CODE-33rd Edition
Criminal Law: Cases and Materials - Sixth Edition - K.D.Gaur
Prof. S.N.Misra - INDIAN PENAL CODE- 15th  Edition

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