Rioting and Affray

Ikyan Shah … Advocate High Court … https://www.facebook.
com/ikyanshah
Rioting and Affray
1) Introduction
● Under the Pakistan penal code, there are different terms which are being used for public
violence and private violence. One of them is rioting, which means when three or more
persons have the mutual intention to commit a crime or commit a breach of peace by the
use of force and the common object of the group is to obtain something unlawfully from
others. The 2nd of them is affray and affray is the fighting of two or more persons in a
public place to the terror of ordinary people but the fighting ought to be with the consent
of both parties
2) Meaning of Rioting
● The word riot has been derived from the French word which means “to take part in public
disturbance”
3) Definition of rioting
● Rioting is such criminal offence where three or more persons who have the mutual
intention to commit a crime by use of force and common objects of the group is to attain
something unlawfully from others
4) Meaning of Affray
● The word Affray has been derived from the French word “effrayer” which means “to
affright”
5) Definition of affray
● Affray is such a criminal offence when two or more persons are fighting in a public place
with their mutual consent to threaten ordinary people
6) Essentials of rioting
The following are the essential elements of rioting. Details are as under
1. Force
● Under the Pakistan Penal Code, the use of force is an essential element in rioting, by
using force criminal obtains property or other things from people and violates their
rights which have been legally recognized
2. Unlawful assembly
● To call an assembly an unlawful assembly there must be at least 3 or more persons
who have a common intention
Ikyan Shah … Advocate High Court … https://www.facebook.com/ikyanshah

● But in this case, it is the responsibility of the injured person that he should prove that
there was an unlawful assembly consisting of at least three persons
3. Common object
● The object must be common to the persons who have assembled this unlawful group. If
the object will be common at the time of occurrence of the crime then it will be called an
unlawful assembly. Even if the common object is not proved there can be no objection
upon all of them by the court of law
4. Vicarious liability
● Under the Pakistan penal code, if one person commits a crime to achieve the
common object of his unlawful assembly, in this case, all of the persons who are the
members of this assembly will be considered criminal and vicarious liability will be
imposed upon all of them
7) Essential of affray
The following are the essential elements of rioting. Details are as under
1. Number of people
● Under the Pakistan Penal Code, to call an offence an affray, there should be shown two
or more persons who were involved in fighting and in disturbance to public peace
2. The fight between such persons

● Under the Pakistan Penal Code, to call an offence an affray, there should be shown the
element of fighting between the people which is with their mutual consent
3. The fight must be at a public place

● Under the Pakistan Penal Code, to call an offence an affray, there should be a fight
between the people but a public place
4. Disturbance of public peace

● Under the Pakistan Penal Code, to call an offence an affray, there should be an
element of terror to the public, The purpose of this fight should be terror to the people
with the mutual consent of the fighting parties

8) Punishments for rioting
Following are the punishments for those members, who commit riot with deadly
weapons or anything which is used as a weapon can cause the death of anyone,
1) Imprisonment can be extended up to three years

2) Fine
3) Both
9) Punishments for affray

Following are the punishments for those members, who commit affray
1) Imprisonment can be extended up to one month
2) Fine which can be extended up to 3000 thousand
3) Both
10) Difference between Rioting and affray

1. Following are the differences between rioting and affraying. Details are as under.
2. As to place
⮚ Rioting is the type of fight and parties commit riot at a private place
⮚ Affray is the type of fight and parties commit affray a public place
3. As to assembly
⮚ A riot can only be committed when 3 persons involved
⮚ Affray can only be committed when 2 people involved
4. As to violence
⮚ Riot is violence, which violence against the rights of people
⮚ Affray is not violence; its purpose is to terrorise the people
5. As to liability
⮚ In a riot, strict liability can be imposed upon all members
⮚ In affray, only fighters will be considered as criminal
6. As to object
⮚ In a riot, there is the common object of the members to attain something by force
⮚ In affray, there is no common object of the members
7. As to punishment
⮚ In a riot, the punishment for the accused can be up to 3 years, a fine or both
8. In affray, punishment for the accused can be up to one month, a fine or bothAs to nature
⮚ Riot is real and has an object
⮚ An affray is dramatic and has no specific object
11) Conclusion
● A riot is such criminal activity which is being performed by three or more people to obtain
something unlawfully. But affray is such criminal activity which is being performed by the
two-person at a public place to threaten the viewers and it is also a criminal activity and
punishable under the criminal act

Rioting and Affray:
Rioting: Meaning: 🏛️🔥
● Derived from the French word meaning "to take part in public disturbance."
Definition: 📜🔥
● When three or more persons with mutual intention commit a crime or breach
the peace using force to obtain something unlawfully from others. Essentials:
Force: 💪🔒
● Use of force to obtain properties or violate the rights of others.
Unlawful assembly: 👥🚫
● At least three persons with a common intention.
Common object: 🤝🎯
● Shared objective of the unlawful assembly.
Vicarious liability: 🚔🔗
● All members held responsible if one person commits a crime for the common
objective.
💥 Affray: Meaning: 🏢💢
● Derived from the French word meaning "to affright." Definition: 📜💢

● When two or more persons fight in a public place with mutual consent,
causing terror to ordinary people. Essentials:
Number of persons: .✌️
● Involvement of two or more persons in fighting and disturbing public peace.
Fight between parties: 🤜🤛
● Fighting with mutual consent.
Fight at public place: 🌍💢
● Fighting occurs in a public location.
Disturbance of public peace:
● Purpose of the fight is to terrify the public with mutual consent.
Punishments for rioting: 🔒🔥
● Imprisonment up to three years, 💰 fine, or both.
Punishments for affray: 💢✌️
● Imprisonment up to one month, 💰 fine up to 3000, or both.
Difference between Rioting and Affray: 🔥💢
Place:
● Rioting: Private place 🏢
● Affray: Public place 🌍
Assembly:
● Rioting: Requires three or more persons 👥👥👥
● Affray: Requires two persons 👥👥
Violence:
● Rioting: Violent act 💪🚫
● Affray: Purpose is to terrorize, not violence 💢🚫
Liability:
● Rioting: Strict liability on all members 🚔🔗
● Affray: Only fighters considered criminal 🚫🔗
Object:
● Rioting: Common object to obtain something by force 🤝🎯
● Affray: No common object 🚫🎯
Punishment:
● Rioting: Up to three years imprisonment, fine, or both 🔒💰
● Affray: Up to one month imprisonment, fine, or both 💢💰
Nature:
● Rioting: Real with an object
● Affray: Dramatic without a specific object 🏢🚫🎯
Conclusion: Rioting involves three or more people committing unlawful acts to

obtain something, while affray entails a fight between two individuals in a public
place to terrorize others. Rioting carries stricter punishments and has a shared
objective, whereas affray is less severe and lacks a common goal. Both actions are
criminal offenses punishable under the law.

Rioting and Affray

Uploaded by

Copyright:

Available Formats

Rioting and Affray

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Rioting and Affray

Uploaded by

Copyright:

Available Formats

Ikyan Shah … Advocate High Court … https://www.facebook.

Ikyan Shah … Advocate High Court … https://www.facebook.com/ikyanshah

2. The fight between such persons

3. The fight must be at a public place

4. Disturbance of public peace

Ikyan Shah … Advocate High Court … https://www.facebook.com/ikyanshah

1) Imprisonment can be extended up to three years

9) Punishments for affray

10) Difference between Rioting and affray

Ikyan Shah … Advocate High Court … https://www.facebook.com/ikyanshah

Rioting: Meaning: 🏛️🔥

● Derived from the French word meaning "to affright." Definition: 📜💢

Punishments for rioting: 🔒🔥

● Imprisonment up to three years, 💰 fine, or both.

Punishments for affray: 💢✌️

● Imprisonment up to one month, 💰 fine up to 3000, or both.

Difference between Rioting and Affray: 🔥💢

Conclusion: Rioting involves three or more people committing unlawful acts to

Ikyan Shah … Advocate High Court … https://www.facebook.com/ikyanshah

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.