Affray under Bharatiya Nyaya Sanhita (BNS), 2023: Serious Consequences & Legal Facts Explained
Affray under Bharatiya Nyaya Sanhita (BNS), 2023 Definition, Punishment, and Legal Insight
Affray under Bharatiya Nyaya Sanhita (BNS), 2023: Definition, Punishment, and Legal Insight. With the enforcement of the Bharatiya Nyaya Sanhita (BNS), 2023, India’s criminal justice system has undergone significant transformation. One of the key offences that remains relevant in the new code is Affray—a public order offence that deals with fighting in public places and disturbance of public peace.
This legal article explains what affray means under BNS, its legal definition, punishment, distinction from riot and unlawful assembly, and real-life examples, based on the new Indian criminal law in force from July 1, 2025.
What is Affray? Affray under Bharatiya Nyaya Sanhita, 2023
As per Section 187 of the Bharatiya Nyaya Sanhita (BNS), 2023:
“When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray.”
Key Elements of Affray in BNS:
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Two or more persons must be involved.
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There must be physical fighting, not just verbal abuse.
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The incident must occur in a public place.
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It must result in a disturbance of public peace.
Punishment for Affray under BNS
Under Section 187(2) of BNS, the punishment for affray is:
Imprisonment for up to 1 month, or fine up to ₹1000, or both.
This is a notable change from the IPC, where the fine was only ₹100. The increase reflects the modern State’s emphasis on stricter public order enforcement.
Nature of the Offence: Is Affray Cognizable or Bailable?
| Aspect | Answer |
|---|---|
| Cognizable? | Yes |
| Bailable? | Yes |
| Triable by? | Any Magistrate |
Police can arrest without a warrant, and bail can be granted as a right. It is generally tried in summary trials due to its minor nature.
Affray vs Riot vs Unlawful Assembly under BNS
Understanding the difference between affray, riot, and unlawful assembly is crucial:
| Offence | Minimum Persons | Intent/Action |
|---|---|---|
| Affray | 2 or more | Spontaneous fight disturbing public peace |
| Unlawful Assembly | 5 or more | Assembled with a common unlawful objective |
| Riot | 5 or more | Unlawful assembly engaging in violence |
Affray is unplanned and impulsive, while riot and unlawful assembly often involve intent and group objectives.
Judicial Interpretation of Affray in India
Although Bharatiya Nyaya Sanhita is new, Indian courts have long interpreted affray under the IPC, and the principles continue under BNS.
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In Raghubir Singh v. State of M.P., the court held that even a brief physical fight in a public place that attracts public attention constitutes affray.
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Verbal abuse alone does not qualify; there must be actual use or threat of physical violence.
These precedents will still guide courts in applying Section 187 BNS.
Examples of Affray under BNS
Here are real-world scenarios where Section 187 of BNS would apply:
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Two individuals start a fight in a metro station, causing a crowd to gather.
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Street vendors engage in a physical scuffle over territory in a marketplace.
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A road rage incident turns into a public fistfight in a busy intersection.
Each of these examples involves public fighting and disturbance of peace, which are the core criteria for affray.
Why Is Affray Still Relevant Today?
In modern India, with increasing urban population and public interaction, disputes in public places can quickly escalate. The offence of affray under BNS:
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Helps police intervene early in volatile situations.
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Prevents larger law-and-order problems.
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Preserves public peace, safety, and confidence in legal institutions.
Moreover, the updated punishment signals a stronger stance on maintaining public discipline.
Conclusion: Affray Laws under BNS are Vital for Public Peace
The offence of affray under the Bharatiya Nyaya Sanhita, 2023 (Section 187) serves as a legal safeguard to protect citizens from sudden public violence. Though minor in penalty, it plays a significant role in preventive policing and social order.
As India moves forward under the new criminal law regime, offences like affray will remain crucial in balancing individual freedom with community peace.
Affray under Bharatiya Nyaya Sanhita (BNS), 2023: Definition, Punishment, and Legal Insight
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