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Section 194: Affray

Bharatiya Nyaya Sanhita • Chapter X: Of Offences Against Public Tranquillity • Official Statutory Text & Legal Guide

Chapter X: Of Offences Against Public Tranquillity
Any Magistrate
Bailable
Cognizable
Formerly Sec 160 IPC
Section 193 All 358 Sections of Bharatiya Nyaya Sanhita Section 195

Legal Commentary & Landmark Judgments: Section 194

Section 194 defines and penalizes an 'Affray', establishing that when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray, punishable with imprisonment of either description for a term which may extend to one month, or fine up to one thousand rupees, or both.

  • Two or More Persons Fighting: Requires an actual physical fight or exchange of blows between at least two persons.
  • Public Place Locus: Must take place in a public place (public road, railway station, park, cinema hall).
  • Actual Disturbance of Public Peace: Must cause actual terror or disturbance to the general public; a private quarrel on private property without public disturbance is NOT an affray (formerly Sections 159-160 IPC).
Key Landmark Precedents:
  • Sunil Kumar v. State (NCT of Delhi) (1998) 8 SCC 557: The Supreme Court noted the distinction between individual assault and public affray under Section 159/160 IPC (Section 194 BNS), affirming that fighting in a public place disturbing public peace is the essence of affray.
  • Gadadhar Guru v. State of Orissa (1989) Cri LJ 2038: Held that a fight inside a private house or enclosed courtyard does not constitute an affray; public locus and disturbance of the public are indispensable.
Courtroom Practice & Strategic Litigation Guidance:

In road-rage or restaurant brawl prosecutions, if police file an FIR for affray under Section 194 BNS, move for compounding or payment of fine: it is a petty bailable offence carrying a maximum fine of ₹1,000, allowing instant closure without trial.

Section 193 All 358 Sections of Bharatiya Nyaya Sanhita Section 195