What is Rioting and Afray and What is Difference

RIOTING AND AFRAY

What is Rioting and Afray and What is Difference

1- INTRODUCTION

When five or more persons or an unlawful assembly use Violence or Force in prosecution of common object of Such assembly every member is guilty of Rioting, in the Same way when two or more persons fighting in a "public place" and "distorts public peace, they are said to commit Afray

2- Relevant law

Sections 146, 147, 148 for Rioting
Sections 159 and 160 for Afray

3- Rioting

I- Definition u/s 146

Whenever force or violence is used by an unlawful assembly or by any member there of in prosecution of common objects such assembly, every member of Such assembly is guilty of the offence of rioting.

II- Ingredients us 146

A)- Use of force or violence
To constitute rioting there must be Use of force or violence by an unlawful assembly
B)- By unlawful assembly or Any member Thereof
Force must be use by unlawful assembly or any member of that unlawful assembly for constituting rioting
C)- In prosecution of common object
Force of violence use by an unlawful assembly it must be in prosecution of common object assembly using force or violence must have common object
D)- Effect of Committing Rioting
Every member of Such. assembly is guilty of the offence of rioting

III- Punishment

                     》U/S 147 Imprisonment & 2 years or fine or both
                     》Armed with deadly weapon u/s 148 Imprisonment 3 years or fine or both.

4- Afray

I- Definition

When two or more persons by fighting in a public place, disturbed public peace They
are Said to commit Afray

II- Ingredients

I- Two or more persons
To designate an afray, it must have Two or more peosons. At least two or more person required to constitute offence of afray
II- Fight in public place
Two or more persons constituting afray Fight in public place. Public place necessary for constituting offence of  Afray
III- Disturbing Public peace
Afray by fighting in public place disturbed public peace.To constitute offence of afray injury of public peace necessary
III- Punishment u/s 160
Imprisonment of One month or Fine 300

5- Difference Between Rioting and Afray

Following are the Difference between Rioting and Afray
                        I- Number of Persons
                        II- Place of Commit Offence
                        III- Liability
                        IV- Object
                         V- Punishment
                         VI- Enhancement of Punishment
                         VII- Effect

4- Conclusion