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Section 194: Affray

Bharatiya Nyaya Sanhita • Chapter X: Of Offences Against Public Tranquillity • Official Statutory Text & Legal Guide

Chapter X: Of Offences Against Public Tranquillity
Any Magistrate
Bailable
Cognizable
Formerly Sec 160 IPC
Section 193 All 358 Sections of Bharatiya Nyaya Sanhita Section 195

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 194 BNS
Affray
 Imprisonment extending to 1 month, or fine extending to ₹1,000, or both. Bailable Cognizable Any Magistrate Formerly Sec 160 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 194

Section 194 defines and penalizes an 'Affray', establishing that when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray, punishable with imprisonment of either description for a term which may extend to one month, or fine up to one thousand rupees, or both.

  • Two or More Persons Fighting: Requires an actual physical fight or exchange of blows between at least two persons.
  • Public Place Locus: Must take place in a public place (public road, railway station, park, cinema hall).
  • Actual Disturbance of Public Peace: Must cause actual terror or disturbance to the general public; a private quarrel on private property without public disturbance is NOT an affray (formerly Sections 159-160 IPC).
Key Landmark Precedents:
  • Sunil Kumar v. State (NCT of Delhi) (1998) 8 SCC 557: The Supreme Court noted the distinction between individual assault and public affray under Section 159/160 IPC (Section 194 BNS), affirming that fighting in a public place disturbing public peace is the essence of affray.
  • Gadadhar Guru v. State of Orissa (1989) Cri LJ 2038: Held that a fight inside a private house or enclosed courtyard does not constitute an affray; public locus and disturbance of the public are indispensable.
Courtroom Practice & Strategic Litigation Guidance:

In road-rage or restaurant brawl prosecutions, if police file an FIR for affray under Section 194 BNS, move for compounding or payment of fine: it is a petty bailable offence carrying a maximum fine of ₹1,000, allowing instant closure without trial.

Section 193 All 358 Sections of Bharatiya Nyaya Sanhita Section 195