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Two people fight each other in a public market and disturb the public peace. Which offence do these…

Section 194 defines affray by fighting involving two or more people in a public place and disturbing public peace. The two participants do not constitute the unlawful…

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Two people fight each other in a public market and disturb the public peace. Which offence do these facts establish under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer C

Section 194 defines affray by fighting involving two or more people in a public place and disturbing public peace.

The two participants do not constitute the unlawful assembly of five or more required for rioting.

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Option A

Rioting under section 191 requires force or violence by an unlawful assembly or one of its members in prosecution of its common object. Two people alone do not make the required assembly of five or more.

Option B

Robbery under section 309 involves aggravated theft or extortion. The facts describe neither taking nor compelled delivery.

Option C

Two people fighting in a public place and disturbing the public peace meet section 194.

Option D

The public fighting and disturbance constitute affray.

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