Six persons fight with one another on a public railway platform and disturb the public peace. No common object uniting them as an unlawful assembly is established. Which offence specifically…
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Six persons fight with one another on a public railway platform and disturb the public peace. No common object uniting them as an unlawful assembly is established. Which offence specifically describes their public fighting under the Bharatiya Nyaya Sanhita, 2023?
Unlawful assembly.
Rioting.
Affray.
Wrongful restraint.
Answer and explanation
Section 194 of the Bharatiya Nyaya Sanhita, 2023 defines affray as fighting by two or more persons in a public place so as to disturb the public peace, and six persons fighting on a railway platform satisfy it. Unlawful assembly and rioting both require a common object of the kind the Sanhita specifies, which is not established when people simply fight one another. Wrongful restraint needs the obstruction of a person from proceeding in a direction he has a right to go, which the facts do not describe.
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