Answer
Ans:
Introduction:
The term “riot” means a Punic disturbance involving an act or acts of violence by one or more person’s part of an unlawful. Assembly according to S. 146, 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. S. 146 applies where an overt act is done by the assembly or by any member thereof in pursuance of the common object, and the overt act is done by the use of force or violence. It is not necessary that any overt act must be done by the accused member of the assembly.
Relevant
Provisions: S. 146 and 147 for rioting.
S. 159 and 160 for affray.
Definition of Riot:
According to S. 146 of Pakistan Penal Code. “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.”
Ingredient of Riot:
The essentials of the offence of rioting are following—
(i) Use of force or violence.
(ii) Such force or violence being used in prosecution of the common object of such assembly.
(iii) Use of force by an unlawful assembly.
Explanation:
If a member of persons assembled for any lawful purpose suddenly quarrel without any previous intention or design they do not commit “riot” in the legal sense of the word. It is, however, not necessary that there should be a common object prior to the commencement of the fight. It is also immaterial that the accused conceived the idea of injuring suddenly after they went to the scene of offence. Attempt by more that five persons never in possession of disputed field to take its possession by force would amount to rioting.
(i) Where a number of men who are assembled at a certain place run away on, being attacked by the opposite party,
(ii) If a number of persons assembled for any lawful purpose suddenly quarrel without any previous intention or design they do not commit riot in the leg! Sense of the world.
(iii) Where a party acts in the exercise of the jut of private defense, there is no riot.
(iv) Spectators, wayfarers, etc. attracted to tI scene of the rioting by curiosity, should not be, by arson of their
mere presence at the scene of rioting and with the rioters held to be members of the unlawful assembly of rioters.
Punishment for Rioting:
According to S. 147 of whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years. Or with fine or with both.
Explanation:
Where the common object of the entire assembly was theft, or if assault was separate, object of four of the numbers of the assembly only and was committed by the prosecution of that object. It would not under the unlawful assembly riotous.
AFFRAY
Literal meaning of Affray:
In literal sense, affray means a fight or violent behaviour in a public place.
Legal meaning: In legal sense, affray means fighting o two or more person in public place to the terror of the public.
Definition: An affray is the fighting of two or more person in a public peace to the terror of the public. It is an offence against the public peace since it causes public alarm. Mere uses of quarrelsome or threatening words however do not amount to an affray.
According to S. 159 of P.P.C.; when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit do affray.”
Ingredients of Affray:
There are the following ingredients of affray.
I. Fight must be between two or more persons.
2. Any affray requires two sides fighting passive submission by one party to a beating by the other will not do.
3. Such fight must be in a public place. and
4. The fight must disturb the public peace.
If people gather as a matter of right in a particular place it may come a public place but it will not necessarily become a thoroughfare unless used as a passage for people to pass through. It has to he established that the site is actually used as a path by the members of the public.
Punishment for Committing Affray:
According to S. 160 of P.P.C.; “Whoever commits an offence affray, shall he punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees or with both.”
Distinction between Riot and Affray:
An affray differs from a riot. S. 146 of the Pakistan Penal Code, 186() enjoins that 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 rioting.
While according to S.159 of the Code. when two or more persons by fighting in a public place disturb public peace they are said to commit an affray
A distinction in the above would show that rioting is the use of race or violence by the members of unlawful assembly and within the terms of S. 141 of the Code they should be more than four persons assembled. They should be causing rioting with common object.
In the case of affray when two or more parsons fight at a public place in a way that the public peace is disturbed.
In the case of rioting there would exist common object whereas the case of affray it is necessary that there should at least be two persons and the element of common object does not seem to exist.
So the difference explains as follow:
1. Place where it may be committed:
(a) Affray must be committed in a public place.
(b) Riot may be committed in any place public or private.
2. Number of persons required:
(a) Affray must be committed by two or more.
Minimum must be five.
(b) Riot must be committed by five or more.
Minimum must be five.
3. Common objects:
(a) In affray there may or may not he any common object.
(b) In case of riot, there must be a common object mentioned in S. 141 PPC.
Conclusion:
The offence of affray being a joint offence, each person concerned in it taking part in the fight. the court must he satisfied that each one of the accused took an active physical part in the process of fighting before convicting him of the offence. Though one cannot expect to find specific evidence as to the acts of each fighter [here may be general evidence as to the particular accused taking part in it.