Bharatiya Nyaya Sanhita, 2023 — Section 194

Affray

Section 194 defines an "affray" as two or more persons disturbing the public peace by fighting in a public place, and punishes committing an affray with imprisonment of either description up to one month, or fine up to one thousand rupees, or both.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 194 to old IPC Sections 159 and 160 (marked "(Change)" in the concordance), and cross-checked directly against the bare text of both.

BNS section	IPC, 1860 equivalent	Category
194	159, 160	Substantively changed

Substantively changed: The old IPC split this into two separate sections — old Section 159 (the definition of affray) and old Section 160 (its punishment). Section 194 consolidates both into one section with two sub-sections. Sub-section (1) (the definition) is word-for-word identical to old Section 159. Sub-section (2) is identical to old Section 160 apart from raising the fine cap from "one hundred rupees" to "one thousand rupees"; the imprisonment cap of one month is unchanged.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: sub-section (2) (committing affray) — imprisonment for one month, or fine of 1,000 rupees, or both; cognizable, bailable, triable by any Magistrate. Sub-section (1), which defines an affray, has no separate row in the First Schedule. Not compoundable: Section 194 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “any Magistrate” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

(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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Sub-section (1) — the definition of affray

Explanation (Lexovia's Commentary)

An affray requires at least two people, actual fighting (not merely a shared common object as with unlawful assembly), a public place, and the resulting disturbance of the public peace. Unlike unlawful assembly or rioting, no minimum group size of five and no shared "common object" is required.

Illustration (Lexovia's Own Example)

Two individuals get into a physical brawl on a busy street, drawing a crowd and disturbing the surrounding public peace. This falls within sub-section (1).

Sub-section (2) — punishment for committing an affray

Explanation (Lexovia's Commentary)

Anyone found to have committed an affray under sub-section (1) faces imprisonment of either description up to one month, or fine up to one thousand rupees, or both.

Illustration (Lexovia's Own Example)

One of the two brawlers from the previous illustration is convicted and sentenced under sub-section (2).

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Related / Cross-Referenced Sections

FAQs

How many people are needed for an affray?

Two or more — unlike unlawful assembly, which requires five or more.

Does the fighting need to happen in a specific kind of place?

Yes. It must occur in a public place and disturb the public peace.

What is the maximum fine under this section?

One thousand rupees, raised from the old law's one hundred rupees. The one-month imprisonment cap is unchanged.