Chapter VIII of P.P.C deals with the offences against public peace. It may be disturbed even by single person but when it is disturbed by more than one person; the trouble becomes magnified and deserves special treatment. Both rioting and affray are offences against public peace but differ in their magnitude and scope.

Relevant Provisions:

following are the relevant provisions of P.P.C

• Section 146 and 147 for Rioting
• Section 159 and 160 for Affray

Rioting:

Definition U/Sec 147: Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Ingredients:

Following are the ingredients of an offence of rioting.

(i) Use of Force or Violence:

There must be use of force or violence by an unlawful assembly or any member thereof to constitute an offence of rioting. It is not necessary that the force or violence should be directed against any particular person or object.

(ii)By Unlawful Assembly or Any Member:

The force or violence must be used by an unlawful assembly or any member of it, so to constitute an offence of rioting all the ingredients of sec. 141 need to be fulfilled.

(iii) In Prosecution of Common Object:

Such force or violence should have been used in prosecution of the common object of such assembly.

Punishment For Rioting:

Here’s a detailed explanation of the punishments for rioting as outlined in Sections 147 and 148 of the Pakistan Penal Code:

Section 147 – Punishment for Rioting:

Section 147 addresses the offense of rioting, which involves the use of force or violence by the members of an unlawful assembly. The key points to note are:

• Punishment: If the members of an unlawful assembly engage in rioting, the punishment can be up to two years of simple imprisonment, a fine, or both.
• Elements: For an assembly to be considered a riot, there must be a minimum of five individuals who use force or violence, or engage in tumultuous ہنگامہ خیز and disorderly conduct. The focus is on the conduct of the assembly, which disrupts خلل ڈالتا ہے public peace and creates a chaotic or threatening environment.
• Collective Responsibility: It’s important to understand that all members of the unlawful assembly may be held collectively responsible for the offense of rioting, regardless of their individual level of involvement or participation in specific acts of violence.

Section 148 – Punishment for Armed Rioting:

Section 148 deals with the offense of armed rioting, which involves members of an unlawful assembly being armed with deadly weapons. Here are the key details:

“Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”

Affray U/S 159:

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

said to “commit an affray”.

Ingredients:

• Two or More Person:

An affray requires two sides fighting.

Case Law (PLD 1959 LAH I0I8)

It was held that on the offence of affray there must be two or more person. Passive submission by one party to a beating by the other is not affray.

Public Place:

Fighting must be at public place. A public place is one where the public go, on matter, Whether they have a right to go or not.

Disturbance of Public Peace:

It is essential that there must be a disturbance of the public peace i.e assault or breach of the peace. Mere quarrelling is not sufficient to attract section 159.

Punishment U/Sec 160:

Whoever commits an affray shall be punished with imprisonment of either for a term which may extend to one month or with fine which may extend to one hundred Rs. With both.

Distinction Between Rioting And Affray

Rioting and affray are both criminal offenses that involve public disturbances or violence. While there are similarities between the two, there are also key differences that set them apart. Here are the distinctions between rioting and affray:

Nature	Rioting	Affray
Definition	Rioting refers to a situation where a group of five or more individuals engage in violent or disorderly conduct in a public place, causing a disturbance, damage to property, or fear among the public.	Affray occurs when two or more individuals engage in a public fight or violent confrontation سامنا that causes fear or alarm to others who are present at the scene.
Number Of Participants	Rioting involves a group of Five or more individuals acting together.	Affray can involve a minimum of two individuals engaging in a fight or violent confrontation.
Level Of Violence	Rioting typically involves a higher level of violence and may include actions such as property damage, arson آتش زنی, or physical assaults.	Affray generally involves a violent confrontation between individuals but may not necessarily involve the same level of violence as rioting.
Intent And Context	Rioting often involves a collective intent to disturb public peace or engage in violent behaviour. It is usually associated with larger-scale disturbances, protests, or mob violence.	Affray focuses more on the immediate violent confrontation between individuals. It may arise from a personal dispute or a sudden altercation جھگڑا in a public setting.
Public Alarm And Fear	Rioting causes fear, panic, and disruption among the general public due to the larger number of participants and the extent of the disturbance.	Affray primarily causes fear or alarm among the individuals who witness or are present at the scene of the violent confrontation.
Legal Consequences	Rioting is generally considered a more serious offense, often carrying more severe penalties due to the larger scale and potential for widespread harm or property damage.	Affray is still a criminal offense but may carry comparatively lesser penalties than rioting due to its more localized nature and involvement of fewer individuals.

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