Section 159 IPC: Affray

Indian Penal Code, 1860

Section 159 IPC at a Glance

Section 159 IPC deals with affray. From 1 July 2024 it is replaced by Section 194(1) BNS.

Punishment

None of its own. Committing an affray is punished under Section 160 IPC with imprisonment of either description for up to one month.

BNS Equivalent

Section 194(1) →

Section 159 IPC Bare Act Text

159. Affray

When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.

Source: Section 159, Indian Penal Code, 1860

Section 159 IPC in Simple Words

Section 159 of the Indian Penal Code (IPC) defines affray. Two or more persons who, by fighting in a public place, disturb the public peace are said to commit an affray.

The section sets no punishment of its own. Committing an affray is punished under Section 160 IPC with imprisonment of either description for up to one month, or fine of up to one hundred rupees, or both.

That offence is cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 159 IPC

  • Two or more persons
  • The persons fight
  • The fighting is in a public place
  • The fighting disturbs the public peace

Punishment Under Section 159 IPC

Imprisonment

None of its own. Committing an affray is punished under Section 160 IPC with imprisonment of either description for up to one month.

Fine

None of its own. Section 160 IPC allows fine of up to one hundred rupees instead of imprisonment or together with it.

Section 159 IPC has no entry in the First Schedule to the CrPC, because it only defines affray. The entry for committing an affray is Section 160 IPC, which is cognizable and bailable and is triable by any Magistrate.

Example of Section 159 IPC

In 2021, at the main bus stand in Mysuru, three commuters named Rekha, Sunita, and Pooja got into a heated dispute over boarding a bus. They began fighting openly on the passenger platform by shoving, kicking, and striking one another. Because of their physical fight in a public place, waiting families panicked, buses could not move into the bay, and the public peace at the stand was disturbed. Rekha, Sunita, and Pooja have committed an affray under Section 159 IPC.

When Section 159 IPC Does Not Apply

  • Only a single individual is acting violently without another person fighting back.
  • The parties merely exchange loud insults or verbal arguments without any physical fighting.
  • The fight takes place inside a locked private house or enclosed private compound rather than a public place.
  • The physical fight between the participants does not disturb the public peace.
  • The issue concerns the sentence to be imposed for the affray, which is governed by Section 160 IPC rather than the definition in Section 159 IPC.

Section 159 IPC in the BNS

Section 159 IPC is now covered under 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.

View detailed comparison (IPC 159 vs BNS 194(1)) →

FAQs on Section 159 IPC

What is an affray under Section 159 IPC?▼

When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray.

Does Section 159 IPC prescribe a punishment?▼

No. It only defines affray. The punishment is in Section 160 IPC, which allows imprisonment of either description for up to one month, or fine of up to one hundred rupees, or both.

Under Section 159 IPC, is an affray cognizable and bailable?▼

Section 159 IPC has no entry in the First Schedule to the CrPC. Committing an affray under Section 160 IPC is cognizable and bailable.

Under Section 159 IPC, which court tries an affray?▼

Any Magistrate, under the First Schedule entry for Section 160 IPC.

Under Section 159 IPC, can an affray be compounded?▼

No. Neither Section 159 IPC nor Section 160 IPC is listed in Section 320 CrPC.

Under Section 159 IPC, does the fighting have to be in a public place?▼

Yes. The section requires two or more persons to disturb the public peace by fighting in a public place.

How does affray differ from rioting under Section 146 IPC?▼

An affray is fighting by two or more persons in a public place that disturbs the public peace. Rioting under Section 146 IPC needs an unlawful assembly, and force or violence used by that assembly or by any member of it in prosecution of its common object.

Where is Section 159 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 194(1) BNS, with the same title and the same definition. The punishment in Section 160 IPC is now Section 194(2) BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·