Concept:
Affray is an offense against public tranquility. It is defined under Section 159 of the IPC (now Section 194 of the BNS).
• Essential Ingredient: A fight in a public place.
• Consequence: It must result in the disturbance of public peace.
Step 1: Analyzing the definition of a "Fight."
A "fight" cannot happen with only one person.
It requires at least
two opposing parties.
The law states: "When
two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray."
Step 2: Comparing with other group crimes.
For
Unlawful Assembly, the minimum number is
five.
For
Affray, the minimum number is only
two.
If two people start a brawl in a market and scare the public, they have committed an affray. The punishment is generally up to one month of imprisonment or a fine.