Section 160 IPC: Punishment for committing affray

Indian Penal Code, 1860

Section 160 IPC at a Glance

Section 160 IPC deals with punishment for committing affray. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 194(2) BNS.

Punishment

Imprisonment of either description for up to one month.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 194(2) →

Section 160 IPC Bare Act Text

160. Punishment for committing affray

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 hundred rupees, or with both.

Source: Section 160, Indian Penal Code, 1860

Section 160 IPC in Simple Words

Section 160 of the Indian Penal Code (IPC) punishes committing an affray. Section 159 IPC defines an affray as two or more persons, by fighting in a public place, disturbing the public peace. The punishment is imprisonment of either description for up to one month, or fine of up to one hundred rupees, or both. The offence is cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 160 IPC

  • Two or more persons were fighting
  • The fighting was in a public place
  • The fighting disturbed the public peace
  • The accused took part in that fighting and so committed the affray

Punishment Under Section 160 IPC

Imprisonment

Imprisonment of either description for up to one month.

Fine

Fine of up to one hundred rupees. The offender may be punished with fine alone or with both imprisonment and fine.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Committing an affray carries imprisonment of either description for up to one month, or fine of up to one hundred rupees, or both.

Example of Section 160 IPC

In 2020, Nirmala and Geeta quarrelled near the ticket counter inside a public municipal park in Guwahati. The quarrel quickly turned into a physical fight in which both women struck and pulled each other on the central walkway. Visitors in the park fled in alarm and normal movement through the park gates came to a halt, disturbing the public peace. Because Nirmala and Geeta fought each other in a public place and disturbed the public peace, both committed an affray and are punishable under Section 160 IPC.

When Section 160 IPC Does Not Apply

  • One person assaulted another who merely tried to escape or defend himself without fighting back.
  • The fight occurred inside private premises to which the public had no access.
  • The altercation did not cause any disturbance to the public peace.
  • The accused was merely a bystander at the scene and did not participate in the fight.

Section 160 IPC in the BNS

Section 160 IPC is now covered under 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.

View detailed comparison (IPC 160 vs BNS 194(2)) →

FAQs on Section 160 IPC

What does Section 160 IPC provide?▼

It punishes committing an affray, which is the fighting of two or more persons in a public place that disturbs the public peace.

What is the punishment under Section 160 IPC?▼

Imprisonment of either description for up to one month, or fine of up to one hundred rupees, or both.

How does Section 160 IPC relate to Section 159 IPC?▼

Section 159 IPC defines an affray. Section 160 IPC prescribes the punishment for committing it.

Under Section 160 IPC, when do persons commit an affray?▼

When two or more persons, by fighting in a public place, disturb the public peace.

Is an offence under Section 160 IPC cognizable and bailable?▼

It is cognizable and bailable.

Which court tries an offence under Section 160 IPC?▼

Any Magistrate.

Can an offence under Section 160 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 160 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 194(2) BNS, where the fine may extend to one thousand rupees.

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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 ·