Introduction of BNS 194
Public peace and order are the backbone of a safe society. To safeguard this, Section 194 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the offence of affray. An affray happens when two or more persons fight in a public place, disturbing peace and causing panic or fear among bystanders. Unlike private disputes, affrays are treated as a public wrong because they affect society at large. By criminalizing such acts, the law ensures that people can move freely in public spaces without fear of violence or disturbance.
The Bharatiya Nyaya Sanhita (BNS) Section 194(1) replaces the old Indian Penal Code (IPC) Section 159.
The Bharatiya Nyaya Sanhita (BNS) Section 194(2) replaces the old Indian Penal Code (IPC) Section 160.
What is BNS Section 194 ?
BNS Section 194 defines affray as a situation where two or more people engage in a fight in a public place, causing a disturbance to public peace. It outlines the punishment for those who commit an affray, which can be imprisonment for up to one month, a fine up to ₹1,000, or both. The law is intended to prevent public disturbances caused by violent behavior.
Under Section 194 of the bns act 2023
“When two or more persons fight in a public place, disturbing the public peace, they are said to commit an affray. Whoever commits an affray shall be punished with imprisonment which may extend to one month, or with fine which may extend to ₹1,000, or with both.”
1. Meaning of “Affray”
- An affray is when two or more people fight in a public place.
- The fight must cause a disturbance to public peace and not just affect the fighters.
- Even if the quarrel starts suddenly, once it disturbs the public, it becomes a criminal offence.
2. Who is Covered?
This law applies to:
- All individuals involved in the fight (not just the one who started it).
- Two or more persons – a fight between one person and themselves does not count.
- Only when the fight happens in a public place like streets, markets, parks, fairs, or any place accessible to the public.
3. Nature of the Offence
- Cognizable → Police can arrest without a warrant.
- Bailable → The accused can be released on bail.
- Non-compoundable → Cannot be privately settled; the case must go to court.
- Triable by Any Magistrate → Heard by any Magistrate’s court.
4. Examples of BNS Section 194
- Example 1 – Marketplace Fight:
Two shopkeepers get into a heated argument in a crowded bazaar, which turns into a fistfight. Customers panic and leave. → This is an affray. - Example 2 – Park Dispute:
During a cricket match in a public park, two players begin fighting, causing the crowd to scatter. → Both players are guilty of affray. - Example 3 (Not Guilty):
If two people quarrel inside a private home with no disturbance to the public, it is not an affray (though it may fall under assault laws).
5. Punishment under BNS Section 194
- Imprisonment → Up to 1 month.
- Fine → Up to ₹1,000.
- Both → The court can impose both imprisonment and fine depending on the seriousness.
6. Importance of BNS Section 194
- Maintains Public Peace → Prevents street fights from disturbing society.
- Protects Bystanders → Public should not feel unsafe in common places.
- Discourages Violence → Even a small quarrel in public can lead to punishment.
- Quick Police Action → Since it is cognizable, police can immediately arrest the fighters.
Section 194 BNS Overview
Affray occurs when two or more persons engage in fighting in a public place, disturbing public peace. Under this section, affray is classified as a crime, and individuals committing such acts can be punished with imprisonment up to one month, a fine up to 1,000 rupees, or both.
10 Key Points on BNS Section 194:
- What Constitutes Affray?
An affray involves two or more persons fighting in a public place. The key aspect of this offense is that their actions disturb public peace and create a sense of disorder in the community. - Disturbance of Public Peace:
For an act to be considered an affray, the fight must disturb the public peace. This disturbance could range from creating fear or panic to disrupting the normal activities of a public space. - Public Place:
An important element of affray is that the fight occurs in a public place, such as streets, parks, or any other location accessible to the general public. If the incident occurs in a private place, it may not be considered an affray. - Involvement of Two or More Persons:
Affray is always committed by two or more people. If only one person is involved in violent behavior, it would not be classified under this section but may fall under different legal provisions like assault. - Punishment for Affray:
The punishment for affray is imprisonment for up to one month, a fine that may extend to 1,000 rupees, or both. The sentence depends on the severity of the disturbance caused. - Cognizable Offense:
Affray is classified as a cognizable offense. This means the police can arrest the individuals involved without needing a warrant, given the immediate threat to public peace. - Bailable Offense:
Although affray is cognizable, it is bailable, meaning the individuals involved can secure their release from custody by providing bail, ensuring they will attend court proceedings. - Non-compoundable Offense:
The offense of affray is non-compoundable, meaning the case cannot be settled privately between the parties involved. The legal proceedings must continue once initiated. - Trial by Any Magistrate:
Cases under Section 194 can be tried by any magistrate, meaning the offense does not require a higher-level court for trial. This simplifies the judicial process and ensures swift justice. - Scope of Application:
BNS Section 194 applies to any fight disturbing the public peace, regardless of the location, people involved, or the nature of the fight. As long as public tranquility is affected, this section becomes applicable.
Examples of BNS Section 194:
- Example 1:
Two groups of individuals get into a heated argument in a crowded marketplace. The argument escalates into a physical fight, causing bystanders to flee in fear and leading to a disruption of daily business activities. This scenario qualifies as an affray under Section 194. - Example 2:
During a public event in a park, two people begin fighting over a minor disagreement. The commotion attracts a crowd, and the event is halted due to the disturbance. This situation also falls under the definition of an affray as it disturbs public peace.
BNS 194 Punishment
- Imprisonment:
- A person convicted of committing an affray can be sentenced to imprisonment for a term that may extend to one month. This serves as a punishment for disturbing public peace through violent behavior.
- Fine:
- In addition to or instead of imprisonment, the individual may be fined up to ₹1,000. This monetary penalty is imposed to further discourage public fighting and to compensate for the disturbance caused.
BNS 194 bailable or not ?
Yes, BNS Section 194 is a bailable offense. This means that if a person is arrested for committing an affray, they can apply for bail and be released from custody while awaiting trial. The law allows individuals charged under this section to remain out of jail by meeting bail conditions.
Bharatiya Nyaya Sanhita Section 194
| Comparison Points | BNS Section 194 | IPC Sections 159 & 160 |
|---|---|---|
| Definition | Defines affray as fighting in a public place by two or more persons disturbing public peace. | Section 159 defined affray as fighting in a public place disturbing peace. Section 160 provided punishment. |
| Number of Persons | Two or more persons fighting in public. | Two or more persons fighting in public. |
| Punishment | Imprisonment up to 1 month, or fine up to ₹1,000, or both. | Imprisonment up to 1 month, or fine up to ₹100, or both. |
| Cognizable / Non-cognizable | Cognizable – Police can arrest without warrant. | Cognizable offence. |
| Bail | Bailable – accused can seek bail. | Bailable offence. |
| Compoundable | Non-compoundable – cannot be privately settled. | Non-compoundable offence. |
| Trial Court | Triable by any Magistrate. | Triable by any Magistrate. |
BNS Section 194 FAQs
What is an affray according to BNS Section 194?
An affray is when two or more people engage in a fight in a public place, disturbing public peace.
What is the punishment for committing an affray?
The punishment for affray can be imprisonment for up to one month, a fine of up to ₹1,000, or both.
Is affray a bailable offense under BNS Section 194?
Yes, affray is a bailable offense, meaning the accused can be released on bail while awaiting trial.
Can the police arrest without a warrant for affray?
Yes, affray is a cognizable offense, allowing the police to arrest individuals involved without a warrant.
Is affray a compoundable offense under BNS Section 194?
No, affray is non-compoundable, meaning it cannot be settled privately between the involved parties and must be dealt with in court.
Who can try a case of affray under BNS Section 194?
Cases of affray are triable by any magistrate. This means the legal proceedings can take place in any court presided over by a magistrate.
Conclusion
BNS Section 194 plays an important role in protecting public peace by penalizing fights in public places. Even short quarrels that disturb bystanders can lead to legal action, as the law considers public peace more important than personal disputes. Compared to IPC provisions, BNS has modernized the penalties by increasing fines and strengthening enforcement powers. The section ensures that no one can misuse public spaces for violence, thereby maintaining social order and discouraging public disturbances.
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Finished with BNS 194 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 195 : Assaulting or obstructing public servant when suppressing riot, etc.
- https://marriagesolution.in/bns_section/bns-195/
- 196 BNS : Spreading hate or conflict between groups based on religion, race, birthplace, residence, language, or other differences, and doing things that harm peace and unity .
- https://marriagesolution.in/bns_section/196-bns/
- BNS 197 : Imputations, assertions prejudicial to national integration.
- https://marriagesolution.in/bns_section/bns-197/
Chapter XII – Of Offences By Or Relating To Public Servants
- BNS 198 : Public servant disobeying law, with intent to cause injury to any person.
- https://marriagesolution.in/bns_section/bns-198/
- BNS 199 : Public servant disobeying direction under law.
- https://marriagesolution.in/bns_section/bns-199/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list