Affray in Pakistan is a criminal offense that involves the use or threat of violence by two or more people in a public place. Unlike a riot, it’s not premeditated and has to happen in Public.
When two or more people (whether in an unlawful assembly or not) start physically assaulting one another in public, which in turn disturbs the peace, this would be considered affray. In this article, we will explore what constitutes affray and the legal implications of such behavior.
What is Affray in Pakistan?
Under sections 159 and Section 160 PPC, Affray is a violent public disturbance that occurs when two or more people use violence against each other in a public place, causing fear and alarm to those who witness it. The key element of affray is the use of violence, which can include physical harm, property damage, or the use of weapons.
When we look at affray in Pakistan, we consider the harm that the individuals involved inflict on each other, but more so the focus is on the disturbance of peace in an otherwise peaceful environment. Disturbing the peace would bring fear to those witnessing the melee and would spread fear in society.
“There must be positive evidence of public place having been disturbed which would mean that by the action of accused the even tempo of life of public was disturbed resulting in affecting the peace and tranquiity of locality”
1989 Cri LJ 2080
Penalties for Affray in Pakistan
The penalties for affray can vary depending on the severity of the offense. Typically, those involved in affray can be charged with a maximum custodial sentence of 6 months which can result in fines and/or damages. The charges may additionally include assault, battery, and disorderly conduct.
In addition, if someone is injured during an affray, the penalties can be even more severe. The charges may include aggravated assault, manslaughter, or even murder.
Defenses against Affray Charges
If you have been charged with affray, there are several defenses that may be available to you. For example, you may be able to argue that you were acting in self-defense, or that you were not part of the group that was engaging in the violent behavior.
You may also be able to argue that the police violated your constitutional rights by using excessive force or violating your freedom of speech and assembly (Protest).
It is important to work with an experienced criminal defense attorney like ours if you are facing charges of affray. Our attorney can help you understand your legal rights and options and can help you develop a strong defense strategy.
“The offence of affray ; there must be two or more persons. Passive submission by one party to a beating by the other party is not affray”
PLD 1959 Lahore 1018
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It is important to understand what constitutes affray and the legal implications of such behavior. If you are facing charges of affray, it is important to work with an experienced criminal defense attorney to protect your legal rights and develop a strong defense strategy.
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