BNS Section 194: Affray
Section 194 falls under Chapter 11 of the Bharatiya Nyaya Sanhita (BNS). Chapter 11 covers offences against the public tranquillity. Each section under this chapter deals with different offences related to actions that are intended to affect law and order in the public domain. Section 189 specifically deals with the offence of affray. Let us take a closer look at its provisions.
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
Key Points in BNS Section 194
This section deals with: Affray
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 194 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 194 of BNS replaces IPC Sections 159 & 160. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 194 (1) | Affray - definition | 159 | Section 159 has been reclassified as subsection 194 (1). No changes in provisions for offence. |
| 194 (2) | Punishment for Affray. | 160 | Section 160 has been reclassified as subsection 194 (2). Upper limit of fine is increased from one hundred to one thousand rupees. |
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FAQs about Section 194 of the Bharatiya Nyaya Sanhita (BNS)
What is an affray under Section 194 of the BNS?
When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray under Section 194.
What happens if two or more people fight in a public place under Section 194?
Two or more persons fighting in a public place are considered to be committing affray under the provisions of Section 194.
Can someone be punished for starting an affray in public under Section 194?
Yes. A person who causes an affray is punishable with imprisonment under Section 194.
Is affray considered a criminal act under Section 194 of the BNS?
Yes. An affray is a criminal act under section 194.
What kind of punishment can be given for an affray under Section 194?
Punishment for committing affray is imprisonment for a term of one month and a fine of one thousand rupees.
Does Section 194 apply to fights between individuals or groups in public?
Yes. It applies to any kind of fight in a public place involving two or more persons.
