When two or more persons, by fighting in a public place, disturb the public peace, what is the offence constituted under the Bharatiya Nyaya Sanhita, 2023 ?

Under the Bharatiya Nyaya Sanhita (BNS), 2023, the offence described is Affray. According to Section 194 of the BNS, when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. This definition is identical to Section 159 of the erstwhile Indian Penal Code (IPC). The punishment for affray, as per Section 194, is imprisonment for a term which may extend to one month, or a fine which may extend to five thousand rupees, or both.

In contrast, Rioting (Section 191) requires an unlawful assembly of five or more persons using force or violence. Assault (Section 130) and Criminal Force (Section 129) are specific offences against the human body and do not require the disturbance of public peace in a public place as a primary constituent.