Bharatiya Nyaya Sanhita, 2023 - Chapter XI

Section 194 BNS: Affray - Meaning, Ingredients, Punishment and Bail

Section 194 of the Bharatiya Nyaya Sanhita, 2023 defines the offence of affray and prescribes its punishment. An affray is committed when two or more persons fight in a public place and, by that fighting, disturb the public peace.

Act: Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) Section: 194 Chapter: XI - Offences Against the Public Tranquillity In force: 1 July 2024

Text of Section 194 BNS

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.

Meaning of Affray Under Section 194 BNS

The definition in Section 194(1) contains three connected requirements: there must be two or more persons, they must be fighting in a public place, and that fighting must disturb the public peace. The provision therefore concerns a public disturbance caused by fighting between at least two persons.

In simple terms: a private quarrel does not become an affray merely because two people disagree. Section 194 specifically requires fighting in a public place and disturbance of the public peace.

Essential Ingredients of an Affray

For conduct to fall within the statutory definition in Section 194(1), the following elements must be present:

  1. Two or more persons: the section expressly requires participation by at least two persons.
  2. Fighting: the persons must be fighting; the section is not framed merely in terms of an argument or verbal disagreement.
  3. Public place: the fighting must occur in a public place.
  4. Disturbance of public peace: the fighting must disturb the public peace.

Whether these ingredients are established in a particular case depends on the facts and the evidence relating to the incident.

Punishment Under Section 194(2) BNS

A person who commits an affray is punishable with imprisonment of either description for a term which may extend to one month, or with a fine which may extend to Rs. 1,000, or with both.

Provision Offence Maximum imprisonment Maximum fine
Section 194(2) BNS Committing affray One month, imprisonment of either description Rs. 1,000, or both imprisonment and fine

Is Section 194 BNS Cognizable and Bailable?

According to the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence of committing affray under Section 194(2) is classified as follows:

Offence Cognizable or non-cognizable Bailable or non-bailable Court competent to try
Section 194(2) - Committing affray Cognizable Bailable Any Magistrate

The BNSS First Schedule explains that "cognizable" means that a police officer may arrest without warrant. The entry for Section 194(2) classifies the offence as bailable and triable by any Magistrate.

Frequently Asked Questions

What is affray under Section 194 BNS?

Under Section 194(1), when two or more persons fight in a public place and thereby disturb the public peace, they are said to commit an affray.

What is the punishment for affray?

Section 194(2) provides imprisonment of either description for up to one month, or a fine up to Rs. 1,000, or both.

Is an offence under Section 194 BNS cognizable?

Yes. The BNSS First Schedule classifies committing affray under Section 194(2) as a cognizable offence.

Is Section 194 BNS bailable?

Yes. The offence under Section 194(2) is bailable and is triable by any Magistrate.

When did Section 194 BNS come into force?

The Central Government appointed 1 July 2024 as the date on which the provisions of the Bharatiya Nyaya Sanhita, 2023 came into force, except Section 106(2). Section 194 therefore came into force on 1 July 2024.