Affray in Criminal Law - Overview, Structure, Properties & Uses

Affray in Criminal Law

Edited By Ritika Jonwal | Updated on Jul 02, 2025 06:33 PM IST

An affray is a quarrel in public that jeopardizes law and order. An affray requires the presence of two or more people and the unfavourable impact of their acts on the peace of their surroundings. The fact that what they are doing should cause social unrest and societal instability is what matters most, though. Slapping someone, for example, wouldn't be seen as an affray unless it threatened public order, in which case it would be.

This Story also Contains

Meaning of Affray
Essentials of Affray
Punishment for Affray
Defences for Affray
Difference Between Riot and Affray
Case Laws on Affray
Conclusion

Affray in Criminal Law

The guilty can potentially be found guilty of rioting or unlawful assembly depending on the consequences of their actions. Generally, the severity of the penalty depends on the degree of harm or social impact the behaviour poses.

Meaning of Affray

Given that the word "affray" comes from the French word "affraier," which means "to terrify," it is regarded by the law as a public offence that incites fear in the public. It suffices that the public or certain members of the public would have been alarmed for this offence to be found guilty. It is not required for any specific member of the public to provide proof indicating that they were alarmed.

The fact that members of the public were present while this offence was committed may be sufficient evidence that they should have been cautious in their lives as a result of the disturbance and that the peace was disturbed. It is a form of unruly conduct that violates public order and is seen as a breach of peace. The crime of "affray" involves the use of force against one or more persons by at least one person, as well as unlawful combat. A common-law offence that can be tried by a judge or jury is also the threat of violence, which is more physical than merely verbal. In addition, it can occur in both public and private settings.

"When two or more persons by way of a brawl in a public place, disturb the public peace, they are said to commit an offence of affray," according to Section 159 of the Indian Penal Code, is considered an act of affray.

The offence of affray carries a punishment of one hundred rupees or more, or a set length of imprisonment, as stipulated in Section 160 of the Indian Penal Code. The punishments are to be served concurrently. This offence inherently presumes the start of a specific attack or disturbance of the peace. Since a fight is a prerequisite for criminal affray, arguing or abusing someone in public cannot be regarded as an exchange of blows and will not be enough to activate Section 160 IPC. This suggests that to resolve the disagreement, both parties must respond forcefully.

Essentials of Affray

Fight Between Two or more Persons

Even when two persons actively engage in a fight, which is a bilateral act, it is still considered an affray when the victim of the assault submits to the assault without resisting it. The core of fighting is rivalry and a battle for dominance between two or more individuals. It is impossible to determine that there was fighting between the two groups when members of one side beat members of the other and the latter decided not to take offence and try to fight back. Furthermore, it is impossible to conclude that the offence of affray has been proven in that specific instance. Ram Sahai notes this in the Jodhey and Ors. v. State case.

Fight in a Public Place

Regardless of their legal authority to do so, any location where people congregate in the open is regarded as a public space. A public performance that starts and ends in a public place is two entirely distinct things. England's criminal statute law makes a distinction between acting in public and acting in a public location under observation. Some statutes penalize actions carried out in public, whereas other statutes penalize actions carried out in public spaces. A similar distinction is shown in the Acts of the Indian Legislature and its clauses. In this instance, committing the offence in public and with other persons present is necessary; if no one is there, there cannot be a breach of the peace.

Disturbing Public Peace

An affray offence requires not only fighting between one or more parties but also the possibility of disturbing the peace in the community. Since the offence is to safeguard the public in a public place, a disturbance of peace must be caused to convict someone of this crime.

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Punishment for Affray

If an adulterous relationship is proven, the offender may be sentenced to one month of imprisonment of any sort, a fine of up to one hundred rupees, or both.

Defences for Affray

An individual can clear oneself of the charge of affray by demonstrating that they were defending their property and themselves in self-defence. The assertion that the behaviour or conduct did not cause any witness to become frightened or fear for their safety could potentially serve as a defence. If the accused can demonstrate that he did not participate in the affray that is, he did not engage in physical combat or threaten anyone they may also be successful in their defence.

Certain jurisdictions may also apply to other defences. For instance, in New South Wales, one could be able to assert a defence based on "necessity" or "compulsion," meaning that at that particular moment, it is the right thing to do, and their participation in the attack was prompted by another factor, like the protection of minors.

Difference Between Riot and Affray

Riot	Affray
may be done anywhere, in a public or private setting.	It cannot be committed in a private setting and must take place in a public setting.
involves five persons or more, albeit five is the very minimum needed.	must involve a minimum of two persons, but preferably more.
The common object needs to be one of the five things mentioned in section 141.	A shared item may exist or it may not.
is typically organized.	perhaps rash and unplanned.
Penalties (generally): $250,000 fine, two years in any type of jail, or both (section 147).	Penalty (ordinary): (section 160) a fine of up to Rs 100, or both, for one month's imprisonment of any sort.

Case Laws on Affray

In the case of Jagannath Shah v. State of Bihar

In one instance, the two brothers launched a counterattack while fighting and striking each other on a town's public road. There was a mass of people congregating around them. Although there was a hurry and even some traffic disruption, there was no physical altercation between them. The Court found and noted that there was no physical altercation involved in the behaviour; rather, it was purely verbal. Consequently, no crime of affray was committed.

In the case of State v. Meer Singh

In this instance, there was a fight involving three people, upsetting the peace of the neighbourhood. The two accused parties filed for conviction on accusations of affray, acknowledging that they were engaged in a public fight and that it was only natural for such a combat to disturb the quiet and cause them to suffer.

Conclusion

Section 159 of the Indian Penal Code 1860 deals with the offence of Affray. In the offence of Affray, two or more persons are involved in a fight which disturbs the peace and prosperity of the society. Such a fight must arise in public to be an offence of affray. According to the IPC, the offence of affray is punishable and also the offender will be liable to a fine or both. The offence of affray is considered as a bilateral offence as two persons are involved in affray. Section 160 of the Indian Penal Code 1860 deals with the punishment for affray.

Frequently Asked Questions (FAQs)

1. What is affray?

According to Section 159 of the Indian Penal Code, "Affray" is defined as "when two or more persons disturb the public peace by way of a brawl in a public place, they are said to have committed an offence of affray." An act of terror is perpetrated in a public setting to frighten the public.

2. What is an example of affray?

A fight involving two or more individuals that takes place in a public setting (such as a restaurant, bar, pub, or street) and is violent enough to make people fear for their safety rather than just feel concerned about it, even though the fight is not directed at them.

3. What is section 160 IPC?

When someone commits an affray, they can be penalized with a fine of up to one hundred rupees, a month-long term of jail of any kind, or both

4. Is affray bailable or non-bailable offence?

Affray is a bailable and non-compoundable offence.

5. What is the difference between Riot and Affray?

A minimum of five people must be present for any crime to be committed during rioting. A minimum of two people are involved in an affray.

6. Can affray charges be brought against someone who was trying to break up a fight?

While attempting to break up a fight is generally seen as a positive action, if the person uses excessive force or their actions contribute to the public disturbance, they could potentially face affray charges. The specific circumstances and the person's intent would be carefully considered.

7. Can affray occur on private property?

Generally, affray must occur in a public place. However, some jurisdictions consider areas visible or accessible to the public (like a front yard) as qualifying for affray charges, even if technically on private property.

8. How does the "reasonable person" standard apply to affray?

The "reasonable person" standard in affray cases refers to whether an ordinary person present at the scene would fear for their safety. It's an objective test used to determine if the behavior was serious enough to constitute affray, regardless of whether anyone actually felt afraid.

9. Can affray charges be brought against minors?

Yes, minors can be charged with affray, although the case may be handled differently depending on the jurisdiction's juvenile justice system. The age of the offender might influence the court's approach to punishment and rehabilitation.

10. Can affray occur during sporting events?

While physical contact is expected in many sports, behavior that goes beyond the normal bounds of the game and causes public alarm could potentially be charged as affray. This is more likely to apply to spectator violence than to actions by players during the game.

11. Is mutual consent a defense to affray charges?

No, mutual consent is not typically a defense to affray. Even if all participants agreed to fight, the public nature of the offense and its potential impact on bystanders means it can still be prosecuted.

12. Can self-defense be used as a justification for affray?

Self-defense can potentially be used as a defense to affray charges, but it must meet the usual criteria for self-defense (reasonable belief of imminent harm, proportional response, etc.). However, continuing to fight beyond what's necessary for self-defense could still result in affray charges.

13. How does intoxication affect affray charges?

Voluntary intoxication is generally not a defense to affray charges. In fact, being intoxicated in public might lead to additional charges. However, the level of intoxication might be considered when assessing the defendant's intent or during sentencing.

14. How does provocation affect affray charges?

Provocation is generally not a defense to affray, as the offense is concerned with the public nature and effect of the violence rather than its cause. However, provocation might be considered as a mitigating factor during sentencing.

15. How does the location of the incident affect affray charges?

The location is crucial for affray charges, as it must occur in a public place or an area where members of the public might reasonably be present. Incidents in clearly private spaces are less likely to be charged as affray, even if they involve violence.

16. What's the relationship between affray and riot?

Both affray and riot are public order offenses involving violence, but riot typically involves a larger group of people and is often associated with civil unrest or protests. Riot also usually requires a common purpose among participants, while affray can be more spontaneous.

17. How does affray differ from assault?

While both involve violence or threats, affray requires the incident to occur in a public place and potentially affect bystanders. Assault can occur in private and only involves the direct victim. Affray also typically involves multiple participants, whereas assault can be committed by a single person against another.

18. What's the difference between affray and disorderly conduct?

While both are public order offenses, affray is generally considered more serious. Affray specifically involves violence or threats of violence, while disorderly conduct can include a broader range of disruptive behaviors that don't necessarily involve violence.

19. Is a weapon required for an affray offense?

No, a weapon is not required for affray. The offense can be committed with bare hands or any object used as a weapon. However, the presence of a weapon might increase the severity of the charge or lead to additional weapons-related charges.

20. Can affray charges be brought if no actual violence occurred?

Yes, affray charges can be brought based on threats of violence, as long as those threats were credible and would cause a reasonable person to fear for their safety. The key is the potential for violence and the public alarm it causes, not necessarily the occurrence of actual violence.

21. What elements must be proven for an affray conviction?

To prove affray, prosecutors typically need to show: (1) use or threat of unlawful violence, (2) towards another person, (3) in a public place, and (4) that the behavior would cause a reasonable person present to fear for their safety.

22. Is affray always a group offense?

No, affray can be committed by a single person. However, it often involves multiple participants. The key element is that the behavior causes fear or alarm to members of the public who may be present, regardless of the number of direct participants.

23. Can words alone constitute affray?

Generally, words alone are not sufficient for affray. There must be either actual violence or threats accompanied by actions that suggest imminent violence. However, aggressive and threatening language combined with intimidating behavior might be enough in some cases.

24. How does intent factor into affray charges?

Intent to cause fear is not necessarily required for affray. The offense focuses more on the effect of the behavior on potential bystanders. However, the defendant must have intended to use or threaten unlawful violence.

25. Can affray occur if no one else is present?

Technically, affray requires the potential for public alarm. If absolutely no one else is present or could potentially witness the incident, it might be difficult to prove affray. However, the mere possibility of someone coming upon the scene might be sufficient in some jurisdictions.

26. What is affray in criminal law?

Affray is a public order offense that involves using or threatening unlawful violence towards another person in a public place, which would cause a reasonable person to fear for their safety. It's considered a breach of the peace and is typically charged when a fight or altercation occurs in public.

27. How does affray relate to the concept of "breach of the peace"?

Affray is considered a specific type of breach of the peace. While "breach of the peace" is a broader term that can encompass various disruptive behaviors, affray specifically refers to the use or threat of violence in public that causes alarm.

28. Can affray occur on public transportation?

Yes, public transportation vehicles and stations are considered public places, so violent or threatening behavior in these locations could lead to affray charges.

29. How does affray differ from violent disorder?

While both involve violence in public, violent disorder typically requires at least three people acting together in a way that would cause a person of reasonable firmness to fear for their safety. Affray can involve fewer people and doesn't require the same level of coordination among participants.

30. How does the presence of bystanders affect affray charges?

The presence of bystanders is crucial to affray charges, as the offense is partly defined by its potential to cause fear or alarm to the public. More bystanders, especially if evidence shows they were frightened, can strengthen the case for affray.

31. How does the principle of proportionality apply to affray charges?

Proportionality is more relevant to sentencing than to the initial charging decision for affray. However, the severity of the violence or threats and the level of public alarm caused might influence whether the behavior is charged as affray or as a more or less serious offense.

32. How does the use of social media to organize or promote violent confrontations relate to affray charges?

Using social media to organize or promote a violent public confrontation could be seen as evidence of intent in an affray case. It might also lead to additional charges related to incitement or conspiracy, depending on the jurisdiction and circumstances.

33. Can affray charges be brought for incidents that occur during televised events?

Yes, if the incident occurs in a public place, it can be charged as affray even if it's during a televised event. The fact that it was broadcast might even be seen as increasing the public alarm, potentially making the case stronger.

34. Can affray charges be brought for incidents that occur during religious gatherings in public spaces?

Yes, if the gathering is in a public space, violent or threatening behavior that causes public alarm could lead to affray charges, regardless of the religious nature of the event. However, the context might be considered in how the case is handled.

35. Can affray charges be brought for incidents that occur in correctional facilities?

While prisons are not typically considered "public places," violent incidents in areas of correctional facilities where members of the public might be present (like visiting areas) could potentially lead to affray charges. However, such incidents are more likely to be handled internally or charged under specific prison-related statutes.

36. Can online threats or virtual confrontations constitute affray?

Traditionally, affray requires a physical public space. However, as online spaces become more prevalent, some jurisdictions are reconsidering how public order offenses might apply to virtual environments. Currently, most places would not charge online threats as affray.

37. How does affray relate to gang-related activities?

While affray can occur in the context of gang activities, it's a separate offense. Gang-related affray might lead to more severe charges or additional charges related to organized crime, depending on the jurisdiction and circumstances.

38. Can affray charges be brought if the incident was filmed for social media?

Yes, filming an incident for social media doesn't prevent affray charges. In fact, the intent to publicize the violence might be seen as an aggravating factor, as it could potentially cause wider public alarm.

39. How does the duration of the incident affect affray charges?

The duration of the incident isn't typically a defining factor for affray. A brief but intense altercation can constitute affray just as much as a prolonged one. However, a longer incident might provide more evidence and potentially lead to more serious charges.

40. Can affray charges be brought for incidents at private events in public spaces?

Yes, if the event is in a public space or an area accessible to the public, affray charges could potentially apply, even if it's a private event. The key factor is the potential for public alarm, not the nature of the gathering.

41. How does affray differ from public nuisance?

While both are public order offenses, affray specifically involves violence or threats of violence. Public nuisance is a broader offense that can include any behavior that interferes with the public's use or enjoyment of public spaces, not necessarily involving violence.

42. Can affray charges be brought for incidents that occur during protests or demonstrations?

Yes, while peaceful protest is protected in many jurisdictions, if individuals engage in violent or threatening behavior during a protest that causes public alarm, they could face affray charges. However, the context of the protest might be considered in how the case is handled.

43. How does the use of non-lethal weapons (like pepper spray) affect affray charges?

The use of non-lethal weapons can still constitute affray if it involves the use or threat of unlawful violence that would cause public alarm. The nature of the weapon might affect the severity of the charge or lead to additional weapons-related charges.

44. Can affray charges be brought against law enforcement officers?

While law enforcement officers have certain protections when using force in the line of duty, if an officer engages in unlawful violence that causes public alarm outside of their official duties, they could potentially face affray charges.

45. How does the concept of "fighting words" relate to affray?

"Fighting words" - speech that is likely to provoke a violent reaction - can be relevant to affray cases. While words alone typically don't constitute affray, the use of fighting words might be considered as context for the violent or threatening behavior that follows.

46. Can affray charges be brought for incidents that occur in semi-public spaces like shopping malls?

Yes, many jurisdictions consider areas like shopping malls, which are privately owned but open to the public, as public places for the purposes of affray charges. The key is whether members of the public would reasonably be present and potentially alarmed by the behavior.

47. How does the principle of "de minimis non curat lex" (the law does not concern itself with trifles) apply to affray?

While minor scuffles or brief arguments might not rise to the level of affray, this principle is applied cautiously in public order offenses. Even seemingly minor incidents can be charged as affray if they cause significant public alarm or have the potential to escalate.

48. Can affray charges be brought for incidents that occur during civil unrest or riots?

Yes, violent behavior during civil unrest or riots can lead to affray charges, often in addition to other charges like rioting or looting. However, the chaotic nature of such events might make it more challenging to prove individual cases of affray.

49. How does the presence of children affect affray charges?

The presence of children in the vicinity of an affray incident might be seen as an aggravating factor, as it could increase the perceived severity of the public alarm. It might also lead to additional charges related to child endangerment.

50. Can affray charges be brought for incidents that occur in or around schools?

Yes, schools and their immediate surroundings are considered public places for the purpose of affray charges. Violent or threatening behavior in these areas might be treated particularly seriously due to the presence of children and the educational context.

51. How does the concept of "consensual combat" relate to affray charges?

While some jurisdictions recognize consensual combat (like organized boxing matches) as legal, impromptu "consensual" fights in public can still lead to affray charges. The public nature of affray means that the consent of the participants doesn't negate the offense.

52. How does the concept of "hue and cry" historically relate to modern affray laws?

The historical "hue and cry" - a practice where bystanders were obliged to assist in apprehending criminals - shares some conceptual ground with affray laws in recognizing the public's interest in maintaining order. Modern affray laws, however, focus on preventing public violence rather than enlisting public help in law enforcement.

53. Can affray charges be brought for incidents that occur during political rallies or campaign events?

Yes, political rallies or campaign events held in public spaces are not exempt from affray laws. Violent or threatening behavior that causes public alarm at these events could lead to affray charges, although the political context might be considered in how the case is handled.

54. How does the principle of "de-escalation" relate to affray charges?

While de-escalation is a principle often emphasized in law enforcement, it's not typically a legal requirement for the public. However, in an affray case, evidence that an individual attempted to de-escalate the situation might be considered favorably, potentially affecting charging decisions or sentencing.

55. Can affray charges be brought for incidents that occur in international waters or airports?

Jurisdiction can be complex in these areas, but many countries extend their criminal laws to cover their ships in international waters and their airports. Violent or threatening behavior in these locations that would cause public alarm could potentially lead to affray charges, subject to jurisdictional agreements and international law.