BNS Section 194: Affray

Definition of BNS Section 194

Section 194 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(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.

Explanation and Illustration of BNS Section 194

This section deals with the offence of affray. It has been divided into two subsections, outlining the provisions of the section towards committing affray. Let us take a closer look at the definition of this offence and its consequences under this section.

• (1) The first subsection aims at defining the meaning of the word ‘affray’ for the purpose of this section. The dictionary meaning of the word ‘affray’ is ‘a fight’ or ‘a brawl.’ As these words can have very broad implications and usage, the first subsection clearly defines what ‘affray’ means for the purpose of this section. While it maintains that an affray is a fight, it is specifically an affray under section 194 when it takes place between two or more people in a public space. Further it also specifies that the fight takes place in a way that disturbs the public peace.
  
  This means that not only does the fight have to take place in a public place but it has to also be a disturbance to the surrounding public. If two people fight in a public place without raising their voices and creating a ruckus, they are not necessarily committing affray.

• (2) While the first subsection defines an affray, the second one outlines the punishment for such an offence. It states that any person involved in an affray shall be punished with
  

• imprisonment of up to one month, or
• with fine which may extend to one thousand rupees,
• or with both, if deemed appropriate by the judge.

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