Bharatiya Nyaya Sanhita: Section 194 – Affray

(1) When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray.

(2) 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 thousand rupees, or with both.

Simplified Explanation

Section 194 of the Bharatiya Nyaya Sanhita 2023 deals with the offense of affray, which occurs when two or more individuals engage in fighting in a public place, disturbing the public peace.

Key Provisions

1. Definition of Affray (Subsection 1):
   • Affray is committed when two or more persons, by fighting or engaging in violent behavior, disturb the public peace in a public place.
   • The section clearly states that the public place must be the location where the disturbance occurs. The purpose of this definition is to focus on maintaining public order and preventing disruptions in public spaces due to violence or fights.
2. Punishment for Committing Affray (Subsection 2):
   • Any person found guilty of committing affray is punishable with:
     • Imprisonment of either description for a term that may extend to one month, or
     • Fine that may extend to one thousand rupees, or
     • Both imprisonment and fine, at the discretion of the court.

Explanation and Key Concepts

• Affray: The offense occurs when two or more persons fight in a public place, causing a disturbance or disruption to public peace. The definition includes physical altercations that are visible and public.
• Public Place: A public place is typically understood as any area where the public has access, such as streets, parks, or public squares, and the fighting or disturbance affects public order.
• Disturbing Public Peace: The primary criterion for the offense is that the fight disturbs the peace of the public, meaning it creates a disruption to the normal, lawful activities of others in the area.

Purpose and Rationale

• Maintaining Public Order: The purpose of this section is to prevent and penalize public disturbances caused by violent confrontations that affect the peace and safety of the community.
• Promoting Public Safety: By addressing physical fights in public places, the law aims to deter public violence and reduce disorder in shared public spaces.

Punishment and Penalties

• The penalty for committing an affray may include:
  • Imprisonment: A term of up to one month in prison, or
  • Fine: A fine of up to one thousand rupees, or
  • Both imprisonment and fine, depending on the severity of the situation and the discretion of the court.

Conclusion

Section 194 of the Bharatiya Nyaya Sanhita 2023 addresses the issue of fighting in public spaces by individuals, which causes a disturbance to the public peace. The law imposes penalties including imprisonment, fines, or both, to maintain public order and prevent such altercations in public areas. This section serves as a deterrent to individuals who might engage in violence in public places, ensuring that the peace of the community is upheld.