BNS 194

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Introduction of BNS 194

BNS 194 deals with the offense of affray, which occurs when two or more individuals fight in a public place, disturbing public peace. This section ensures that any act of physical conflict in public areas is punishable by law. The punishment for committing an affray can include imprisonment for up to one month, a fine, or both. It aims to maintain order in public spaces by discouraging violent confrontations.

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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.

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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.

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BNS 194 in Simple Points

1. Definition of Affray:
   • Affray occurs when two or more people fight in a public place, causing a disturbance to the peace. The act must happen in a public area where others can witness the disturbance.
   • Explanation: The law focuses on fights that happen in public spaces, such as streets or parks, where the disturbance affects not just the fighters but the general public. It’s intended to maintain order and prevent public disruption.
2. Public Disturbance Element:
   • For an act to be considered an affray, it must disturb the public peace. This means that the fight must affect people in the vicinity, causing concern or alarm.
   • Explanation: This clause ensures that any fight that disrupts the calm of a public area is taken seriously. Even if the fight is brief, it can still lead to legal consequences if it disturbs public peace.
3. Punishment of Affray:
   • Anyone who commits an affray is subject to punishment, which can include imprisonment for up to one month, a fine of up to ₹1,000, or both. This punishment is meant to deter individuals from engaging in violent behavior in public places.
   • Explanation: The law provides clear penalties to discourage public fights. The potential for both imprisonment and a fine serves as a strong deterrent against public violence.
4. Cognizable and Bailable Offense:
   • Affray is a cognizable offense, meaning that the police can arrest the individuals involved without a warrant. However, it is also a bailable offense, allowing the accused to seek bail and be released while awaiting trial.
   • Explanation: Since affray involves public disturbance, the police are given the power to intervene quickly. At the same time, the offense is bailable, meaning the accused can be released from custody after fulfilling bail conditions.
5. Triable by Any Magistrate:
   • Cases of affray are triable by any magistrate, which means that the legal proceedings can take place in any court presided over by a magistrate. The offense is also classified as non-compoundable, meaning it cannot be settled privately between the parties involved.
   • Explanation: This ensures that cases of affray are treated as public matters and cannot be resolved outside the legal system. A magistrate is responsible for determining the appropriate punishment based on the facts of the case.

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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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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:

1. 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.
2. 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.

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BNS 194 Punishment

1. 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.
2. 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.

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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.

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Bharatiya Nyaya Sanhita Section 194

Section	Offence	Definition	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Triable By
BNS 194	Committing Affray	Fighting in a public place that disturbs public peace	Imprisonment up to 1 month or fine up to ₹1,000, or both	Bailable	Cognizable	Any Magistrate

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BNS Section 194 FAQs

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