Bharatiya Nyaya Sanhita, 2023
BNS Section 194
Affray
In one line
BNS Section 194 deals with affray and replaces IPC 159 (now 194(1)), IPC 160 (now 194(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 194(2) | Committing affray. | Imprisonment for one month, or fine of 1,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 194
194. Affray.
(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.
What changed from the IPC
- IPC 159 → BNS 194(1): IPC section is included as a subsection in BNS.
- IPC 160 → BNS 194(2): Section is included as a sub-section in BNS sans heading.
- IPC 160 → BNS 194(2): Upper limit of fine is increased from one hundred to one thousand rupees.
Frequently asked
What was BNS Section 194 in the IPC?
BNS Section 194 (Affray) replaces Sections 159, 160 of the Indian Penal Code, 1860. IPC 159 is now BNS 194(1). IPC 160 is now BNS 194(2).
What is the punishment under BNS 194(2)?
Committing affray – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
Is BNS 194 bailable?
Bailable: BNS 194(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 189 — Unlawful assembly
- BNS 190 — Every member of unlawful assembly guilty of offence committed in prosecution of common object
- BNS 191 — Rioting
- BNS 192 — Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed
- BNS 193 — Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place
- BNS 195 — Assaulting or obstructing public servant when suppressing riot, etc
- BNS 196 — Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
- BNS 197 — Imputations, assertions prejudicial to national integration
- BNS 198 — Public servant disobeying law, with intent to cause injury to any person
- BNS 199 — Public servant disobeying direction under law