Affray
Section 194 of the Bharatiya Nyaya Sanhita, 2023 deals with affray. When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. The Act came into force on 01 Jul 2024.
(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.
Section 194, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 159 Affray Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Committing affray. | Imprisonment for one month, or fine of 1,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
K.ranganna vs State Represented by the Public Prosecutor
Decided under Indian Penal Code 159, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When two or more persons engage in bilateral fighting in a public place with exchange of violence or blows, and such fighting results in disturbance to the public peace and tranquility of the locality (not merely causing inconvenience), all three essential ingredients of affray under Section 159 IPC are satisfied, and conviction under Section 160 IPC is justified. The credible eyewitness testimony of independent witnesses (police constables) establishing these facts is sufficient to sustain the conviction.
On this section: Definition of Affray - When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. Court analyzed all three ingredients: fighting, public place, and disturbance to public peace.
-
Urooj vs State through Nct of Delhi
Decided under Indian Penal Code 159, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Mere verbal abuse or abusive language without physical violence or exchange of blows does not constitute the offence of affray under Section 160 IPC, as the definition of affray under Section 159 IPC requires fighting in a public place, which contemplates bilateral use of violence by two competing parties. When the allegations in an FIR do not disclose the commission of the offence charged, the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash the FIR.
On this section: Definition of affray: 'When two or more persons by fighting in a public place, disturb the public peace, they are said to commit an affray.' The court applied this definition to determine that mere verbal abuse does not constitute affray.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 194
What have the courts held on Section 194 of the Bharatiya Nyaya Sanhita?
K.ranganna vs State Represented by the Public Prosecutor (19 Aug 2009) is the leading judgment on this section among those set out below, though it was decided under IPC 159, which this section replaced -- the court never mentioned this Act: Definition of Affray - When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. Court analyzed all three ingredients: fighting, public place, and disturbance to public peace. Another 1 judgment on this section is set out below. They run from 2006 to 2009.
Is Section 194 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 194 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 194 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 194, section 194 BNS, section 194 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 194 2 in hindi and bns 194 1 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with K.ranganna vs State Represented by the Public Prosecutor (19 Aug 2009).
What should I read with Section 194 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 159 (Affray), so the judgments decided under that provision are the case law on this one.
When did Section 194 of the Bharatiya Nyaya Sanhita come into force?
Section 194 of the Bharatiya Nyaya Sanhita, cited as BNS 194, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.