IPC 164 vs BNS 164
● Retained in BNSPunishment for committing affray in or near public building
Section 164 of the Indian Penal Code, 1860, deals with committing an affray in or near a public building. Public buildings include government offices, courts, schools, or other places where public business is conducted. Fighting in these areas is considered more serious due to the potential disruption of public functions.
Key points of IPC 164:
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Applies when two or more persons fight in or near a public building.
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Public buildings include courts, offices, schools, hospitals, or government premises.
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Punishment: imprisonment up to 1 month, or fine up to ₹100, or both.
For example, if individuals engage in a fight near a municipal office or a court, it is punishable under IPC 164.
This section safeguards public institutions and their functioning, ensuring that essential public services are not disrupted by violent acts. It acts as a deterrent against disturbances in sensitive areas.
Punishment for committing affray in or near public building
Section 164 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 164. It criminalizes fighting in or near public buildings, emphasizing the importance of maintaining order in areas crucial to public services.
Key points of BNS 164:
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Covers fights in or near courts, hospitals, offices, schools, or government buildings.
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Punishment: up to 1 month imprisonment, or fine up to ₹100, or both.
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Even attempted fights with potential to disturb public order are included.
For instance, if a dispute escalates to a fight near a courthouse or hospital, the offenders are punishable under BNS 164.
This provision ensures public safety and uninterrupted functioning of government and civic institutions, discouraging acts that threaten peace in public buildings.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 164 to BNS BNS 164.