Distinction Between Rioting And Affray:
(1) Place
Rioting can be committed at any place whether private or public.
Affray can be committed at only Public place.
(2) Number Of Person:
Rioting requires five-or more persons.
Affray requires two or more persons.
(3) Liability:
In riot every member of an unlawful assembly is punishable although some of them may not have personally used force or violence.
In affray only those actually engaged are liable.
(4) Object:
In rioting the object to use force or violence must be one mentioned in sec. 141.
In affray, the object is to disturb the public peace.
(5) Punishment:
In riot, punishment awarded is imprisonment which may extend to two years or which fine or with both.
The punishment for affray is imprisonment which may extend to one month or with fine which may extend to RS. 100 or with both.
(6) As To Enhancement Of Punishment:
Enhanced punishment is provided for rioting if a person is armed with a deadly weapon u/sec 148.
For affray no such provision is present.
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