Response
Section 160. Punishment under this act is- 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.
An affray consists of the following elements:
1)Fighting by two or more persons: two parties participate and it will not amount to an affray when the party who is assaulted submits to the assault without resistance. Fighting necessarily implies a competition of struggle for mastery between two or more persons against one another. When members of one party beat the members of other party and the latter does not retaliate or make an attempt to retaliate but remain passive it can’t be said that there was fighting between the members of one party and the members of the other and the offence of affray can’t be said to have been established.
2)The fighting must take place in a public place: The offence, here, ponder must be committed in a public place and in the presence of the public, when there is no individual is present than there can be no breach of the public peace.
3)Such fighting must also result in disturbance of the public peace: In order to possess an offence of affray, there must be not only fighting between one or more than one party but also it may cause disturbance to the public peace. As the offence protect the public in a public place, so in order to put someone under this offence, disturbance in public peace must be destroyed. Try not to commit this in future.
Reference: Section 160 of Indian Penal Code. Case Law – Rinku V. The State on 25th Nov, 2014, Jodhey v. State (AIR 1952 All. 788 at p. 794)
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