Answer
Ans: (a)
1. Riot and Waging War:
(i) Riot is an offence which falls under offences against public tranquility, while waging war is an offence against the State.
(ii) Riot is not such a serious offence as waging war and consequently the latter is more severely punished.
(iii) A riot is always for a private purpose. But the object of waging war is a general nature.
2. Affray and Assault:
(i) An affray must he committed in a public place, but an assault may be committed either in a public or a private place.
(ii) An affray is committed by two or more persons, while an assault is made by the making of any gesture or preparation by a person to cause another person present to apprehend that the person making it is about to use criminal force to him.
(iii) An affray is an offence against public tranquility, while an assault is an offence against the person of an individual.
(iv) The punishment provided for affray is imprisonment for one month or with fine up to Rs. 100. or both, while it is three months or with fine up to Rs.500, or with both in the case of an assault. “An affray is nothing more than an assault committed in a public place and in a conspicuous manner, and is so called because it fireside and major the men aIiaid.’
Illustration
A shakes his fist at Z unwinding or knowing it to he 1ikev that he may thereby” cause Z to believe that A s about to strike / committed an assault.
Takes a shock Saying to 7 “1 with you beating”. Here thought the words used by 4 could in no case amount to an assault and though the mere gesture accompanied by any other circumstances might not amount to an assault the gesture explained by the words may amount to an assault.
3. Riot and Unlawful Assembly:
A riot is an unlawful assembly in a particular state of activity, which activity is accompanied by the use of force or violence; it is only the use of force that distinguishes rioting from unlawful assembly. Two things are, therefore, necessary to convert an unlawful assembly into a viz.,
(a) the of force or violence by an unlawful assembly or any member thereof and
(b) such force or violence being used in prosecution of the common object of such assembly.
Ans: (b)
In case where offences are committed by a single member of the assembly and in cases where offences are committed b two or more members of the assembly acting in furtherance of a common intention if an offence is committed, whether by a single member of the assembly or liable under this section. M and his party were ploughing certain disputed land when the members of the complainants party came up to interfere with them and to turn them but. The Sessions Judge found that the latter were not justified in forcibly preventing the pouching of M’s party and that on the other hand M was not justified in striking B one of the complainant’s party’ on the head and thereby causing his death, It was held that as the members of the deceased’s party were the aggressors, their object having been to dispossess the other party from the land. M’s party were perfectly justified in exercising their right of private defence, and if M exceeded that right, he, and he alone, was guilt of the offence and this section did not operate to make M’s companions equally guilty with him as they were not at the time members of an unlawful assembly.