Section 194 BNS: Affray
Bharatiya Nyaya Sanhita, 2023
Section 194 BNS at a Glance
Section 194 BNS deals with affray. It replaced Sections 159 and 160 IPC on 1 July 2024.
None of its own. Committing an affray is punished under Section 194(2) BNS with imprisonment of either description for up to one month.
Section 194 BNS Bare Act Text
(1) When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray.
(2) Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Source: Section 194, Bharatiya Nyaya Sanhita, 2023
Section 194 BNS in the IPC (Previous Law)
FAQs on Section 194 BNS
Under Section 194(1) BNS, what is the main difference between a private quarrel and affray?▼
A private quarrel happens between people without disturbing the public. Affray requires a fight in a public place that causes disturbance to others. So, location and public disturbance matter a lot.
Can both sides of the fight be booked under Section 194(1) BNS?▼
Yes. If two or more persons fight in public and the legal ingredients are satisfied, all persons involved can be proceeded against. The police do not need to prove who began it for this section to apply.
Is Section 194(1) BNS a serious criminal offence?▼
No, it is a minor offence, but it is still a criminal offence. The punishment is limited, yet it can still lead to police complaint, court process, and a record of prosecution.
Can a case under Section 194(1) BNS be settled?▼
No, affray is not a compoundable offence because it is an offence against the public peace rather than a purely private dispute between the individuals fighting.
What does Section 194(2) of the BNS mean in a street fight case?▼
It means a person who commits an affray can be punished under this section. Under Section 194(1) BNS, affray happens when two or more persons fight in a public place and disturb the public peace. Section 194(2) BNS gives the punishment for that act.
What has to be proved for affray under Section 194 BNS?▼
It must be shown that two or more persons were fighting, that the fight happened in a public place, and that it disturbed the public peace. If these parts are not made out, affray under Section 194 BNS may not be established. The exact facts and evidence will matter.
Is Section 194(2) BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment for affray under Section 194(2) BNS?▼
The punishment can be imprisonment of either description for up to one month, or fine up to one thousand rupees, or both. This is the punishment stated in Section 194(2) BNS itself. The court will decide what applies on the facts.
Is every private fight an affray under Section 194 BNS?▼
No. The text requires a fight in a public place that disturbs the public peace. So a quarrel or fight in a purely private place, without that public element, does not fit Section 194(1) BNS on its wording.
Section 194 BNS: Sub-sections Explained
Section 194(1) BNS: Affray
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Bare Act Text
(1) When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray.
Explained in Simple Words
Section 194 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with affray. In simple terms, it applies when two or more persons fight in a public place and disturb public peace. The law is not concerned with a private quarrel alone.
The fight must take place in a public setting, or in a place where the public has access, and it must create a disturbance that affects others nearby. This provision can apply to both sides of the fight. It does not matter who started it, if the ingredients of the offence are made out.
In practice, police often use this section where there is a street fight, a scuffle in a market, or a clash in a public gathering. It is a minor offence, but it is still a criminal case. A person accused under this section may face arrest, police action, and a court proceeding, even though the punishment is limited.
Key Ingredients
- Two or more persons fighting in a public place
- The fighting disturbs the public peace
Punishment
🔒 None of its own. Committing an affray is punished under Section 194(2) BNS with imprisonment of either description for up to one month.
💰 None of its own. Section 194(2) BNS allows fine of up to one thousand rupees instead of imprisonment or together with it.
Section 194(1) BNS defines affray and prescribes no punishment of its own. Committing an affray is punished under Section 194(2) BNS with imprisonment of either description for up to one month, or fine of up to one thousand rupees, or both.
Real-World Example
When This Does Not Apply
- Fewer than two persons are involved
- The persons do not fight
- The fighting is not in a public place
- The fighting does not disturb the public peace
- The question is the punishment for the offence, which Section 194(2) BNS provides
Previous Law
IPC 159 → Section 194(1) BNS
Section 159 IPC is now Section 194(1) BNS, with the same title and the same words. Section 194(1) BNS also carries the punishment for committing an affray in sub-section 2. That sub-section raises the highest fine from one hundred rupees to one thousand rupees. The imprisonment of up to one month is unchanged.
Section 194(2) BNS: Punishment for committing affray
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Bare Act Text
(2) Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Explained in Simple Words
Section 194(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for committing an affray. Under Section 194(1) BNS, an affray is committed when two or more persons, by fighting in a public place, disturb the public peace.
Whoever commits an affray is punishable under Section 194(2) BNS with imprisonment of either description for a term which may extend to one month, or with a fine which may extend to one thousand rupees, or with both. Because the offence targets the disturbance of public peace caused by fighting in a public place, each person who takes part in the fight can be punished under this sub-section.
Key Ingredients
- Two or more persons, by fighting in a public place, disturbing the public peace, which Section 194(1) BNS says is to commit an affray
- Commission of that affray by the accused
Punishment
🔒 Imprisonment of either description for up to one month.
💰 Fine of up to one thousand rupees. The offender may be punished with fine alone or with both imprisonment and fine.
Committing an affray carries imprisonment of either description for up to one month, or fine of up to one thousand rupees, or both.
Real-World Example
When This Does Not Apply
- Fewer than two persons were fighting
- The fighting was not in a public place
- The fighting did not disturb the public peace
- The accused did not take part in the fighting
Previous Law
IPC 160 → Section 194(2) BNS
Section 160 IPC is now Section 194(2) BNS, with the same words and the same imprisonment. The one change in the punishment is the fine, whose ceiling rises from one hundred rupees to one thousand rupees. The BNS also puts the definition from Section 159 IPC and this punishment together in a single Section 194(2) BNS, headed Affray, as its first and second parts. The title Punishment for committing affray goes, and the part that takes in Section 160 IPC has no heading of its own.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·