Punishment for committing affray
Section 160 of the Indian Penal Code, 1860 deals with 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. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
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.
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161 to 165A.
161 to 165A.Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31.
Section 160, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
No provision of the Bharatiya Nyaya Sanhita is textually close to this one. No close match found
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 7
- Karnataka Good Samaritan and medical professional (protection and regulation during emergency situations) Act 2016 s. 9 Requirement of attendance and examination by the Police
- Karnataka Krishna Basin Development Authority Act s. 46 Amendment of Karnataka Act 34 of 1987
- Police Act s. 34 Punishment for certain offences on roads, etc
- Public Gambling Act s. 14 Offences, by whom triable
- Punjab Gram Panchayat Act s. 43
- Punjab Panchayati Raj Act s. 47 Cognizance of criminal cases
- Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act s. 9
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: Punishment for Affray - The petitioner was convicted under this section for committing affray. Court upheld the conviction finding all ingredients satisfied.
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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: Offence of affray punishable with imprisonment up to one month or fine up to Rs. 100. The court held that the petitioner's conduct did not fall within this offence.
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Rakesh vs State of Haryana
Court's Decision & Legal Precedent
A person with a history of involvement in multiple criminal cases, pending criminal charges, and possession of illegal firearms cannot claim a right to police protection through a writ of mandamus when the police have rejected the security request after proper investigation and assessment, particularly when the petitioner's credibility is questionable due to acquittals resulting from witness non-cooperation and when the petitioner's financial and property status does not support claims of genuine threat.
On this section: Various sections cited in the 20 FIRs against the petitioner, demonstrating pattern of criminal involvement
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 160
What have the courts held on Section 160 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: Punishment for Affray - The petitioner was convicted under this section for committing affray. Court upheld the conviction finding all ingredients satisfied. Another 2 judgments on this section are set out below. They run from 2006 to 2016.
How do I find court cases under Section 160 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 160, section 160 IPC, section 160 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 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 160 of the Indian Penal Code, and has it changed?
7 other provisions in this corpus refer back to it.
When did Section 160 of the Indian Penal Code come into force?
Section 160 of the Indian Penal Code, cited as IPC 160, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.