JMFC Civil Judge Exam Gujarat – Day-33-Distinguish between Riot and Affray?

Riot( Section 146)

1. Whenever force or violence is used by an unlawful assembly or by any member thereof in prosecution of the common object of such assembly every member of such assembly is guilty of the offence of rioting.
2. At least five person should be there for such an offence.
3. This offence can take place either at a public or a private place.
4. Rioting has more gravity than Affray.
5. Use of force or violence is an essential element of rioting.

Affray( Section 159)

1. When two or more persons by fighting in a public place disturb the public peace they are said to commit an Affray .
2. Two persons should be there for such an offence.
3. This can take place only in public place.
4. Affray has less gravity than rioting.
5. Distributing the public peace use of the force or violence is not an essential element of the affray because fighting may be oral also.