Affray
Section 159 of the Indian Penal Code, 1860 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 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
When two or more persons, by fighting in a public place, disturb the public peace, they are said to "commit an affray".
Section 159, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 194 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 The repealed enactment still governs what happened while it was in force.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.
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.
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K.ranganna vs State Represented by the Public Prosecutor
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.
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Urooj vs State through Nct of Delhi
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 159
What have the courts held on Section 159 of the Indian Penal Code?
K.ranganna vs State Represented by the Public Prosecutor (19 Aug 2009) is the leading judgment on this section among those set out below: 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.
How do I find court cases under Section 159 of the Indian Penal Code?
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: IPC 159, section 159 IPC, section 159 of the Indian Penal Code. 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 159 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 194 (Affray), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 159 of the Indian Penal Code come into force?
Section 159 of the Indian Penal Code, cited as IPC 159, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.