Differences between “Riot” and “Affray”

Riot is the use of force or violence used by an unlawful assembly which is an assembly of five or more per­sons or by any member thereof in prosecution of the common objects of that assembly.

An affray, on the other hand, is committed by two or more persons by fighting in a public place when they disturb the public peace. In the case of affray there may thus not be the common object to disturb public peace.

To sum up, a riot differs from an affray in as much as:

(1) A riot can be committed only by five or more persons, while an affray can be committed by two or more persons.

(2) A riot can be committed even in a private place but an affray cannot be committed in a private place.

(3) In a riot every member of the unlaw­ful assembly is punishable, although some of them may not have personally used force or violence; this is not so in the case of an affray because only those actually engaged are liable.

(4) The punishment awarded in the case of riot is imprisonment for two years, or both, but in the case of an affray it is one month or fine up to Rs. 100 or both.

(5)An affray is sudden,while a riot is premeditated

(6) Riot is a serious offence but affray is a minor offence.

(7)In a riot, the purpose or common object must be one of those specified in section 141 of  the Penal Code,1860. In affray, the fight may be for any reason