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DIFFERENCE BETWEEN RIOTING AND AFFRAY

1. WHICH SECTION IN IPC?



Rioting is given under Section 146 of IPC.

Affray is given under Section 159 of IPC.

2. ESSENTIALS OF RIOTING

a) there must be an unlawful assembly.

b) the accused must be a member of such unlawful
assembly.

c) force or violence must be used by such unlawful
assembly or by any member of such assembly.
ESSENTIALS OF AFFRAY

a) a fight between two or more persons.

b) it must in a public place.

c) fight must disturb the public peace.

3. PLACE

Rioting may be committed at any place whether public or
private.

Affray is committed only in public place.

4. NUMBER OF PARTIES

In rioting there must be minimum of five persons.

In affray minimum two persons are required.

5. PUNISHMENT

In rioting every member is punishable irrespective of
whether he has actively participated or not.

In affray only those persons are punished who are
participating.

6. NATURE

Rioting is more serious in nature.

Affray is less serious in nature.
 
Very important that you please read CHAPTER VIII (141-160) of
IPC – OF OFFENCES AGAINST THE PUBLIC
TRANQUILLITY (It talks in depth about rioting, affray etc.)
Read other law notes or bare acts.
Read IPC in a systematic way or download beautiful, colourful,
feature rich IPC PDF.

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