Section 160 IPC: Punishment for Committing Affray
Section 160 of the Indian Penal Code, 1860 prescribed the punishment for committing an affray. The offence itself was defined by Section 159 IPC as fighting by two or more persons in a public place in a manner that disturbed public peace.
Text of Section 160 IPC
What Is an Affray Under Section 159 IPC?
Section 159 IPC supplied the definition necessary for applying Section 160. It provided that when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray.
Accordingly, Section 160 cannot be read in isolation. Liability for its punishment depends on the conduct satisfying the statutory definition of affray under Section 159.
Essential Ingredients for Punishment Under Section 160 IPC
- Two or more persons: An affray necessarily involves at least two persons.
- Fighting: The persons must be fighting. A merely verbal quarrel, without the necessary fighting, does not by itself satisfy the definition.
- Public place: The fighting must occur in a public place.
- Disturbance of public peace: The fighting must disturb public peace.
- Application of Section 160: Once an affray within Section 159 is established, Section 160 supplies the punishment.
Punishment Under Section 160 IPC
The maximum punishment under the central IPC provision immediately before the BNS came into force was:
- imprisonment of either description for a term which may extend to one month; or
- fine which may extend to Rs. 100; or
- both.
Classification of the Offence Before BNS
| Offence | Committing an affray |
|---|---|
| Punishment | Imprisonment of either description up to 1 month, or fine up to Rs. 100, or both |
| Cognizability | Cognizable |
| Bail | Bailable |
| Court | Triable by any Magistrate |
| Compounding | Non-compoundable |
Affray Is Different from Rioting
Affray under Sections 159 and 160 IPC was distinct from rioting. Section 146 IPC dealt with rioting where force or violence was used by an unlawful assembly, or by a member of it, in prosecution of the common object of that assembly. An unlawful assembly under Section 141 IPC required five or more persons and a qualifying common object.
Affray, by contrast, could involve only two persons, but required fighting in a public place and disturbance of public peace. Therefore, the statutory ingredients of the two offences were different.
Affray and a Private Fight
The location of the fight was an express part of Section 159. A fight not occurring in a public place would not meet the statutory definition of affray merely because two or more persons were involved. Other offences could still arise from the conduct depending on the facts, but Section 160 applied to an affray as defined in Section 159.
Uttar Pradesh State Amendment
Abatement of Certain Pending Trials
The source page records a Uttar Pradesh State Amendment concerning abatement of specified old proceedings. It states, in substance, that notwithstanding anything contained in any other law for the time being in force, certain trials pending before a Magistrate from before 31 December 2015 were to abate. The listed categories included an offence punishable under Section 160 IPC, along with specified offences under the Motor Vehicles Act, 1988, the Public Gambling Act, 1867 and Section 34 of the Police Act, 1861, as well as certain fine-only offences.
The source also records specified proceedings under Sections 107 or 109 of the Code of Criminal Procedure, 1973 within that abatement provision.
Source note retained from the original webpage: Uttar Pradesh Act 35 of 1979, Section 9, as amended by Uttar Pradesh Act 29 of 2016 and Uttar Pradesh Act 9 of 2018. This State-specific provision should be read with the relevant Uttar Pradesh legislation and its temporal application.
Position After 1 July 2024
The Indian Penal Code, 1860 was repealed when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to applicable repeal and savings provisions. Affray is addressed by Section 194 of the Bharatiya Nyaya Sanhita, 2023, which contains both the definition and punishment. For conduct governed by the earlier IPC, Sections 159 and 160 IPC and applicable savings provisions may remain relevant.
Note: This page provides an informational explanation of the pre-BNS statutory provision. Application of criminal law depends on the facts, date of the alleged conduct, State amendments and applicable repeal, savings and procedural provisions.