IPC 165 vs BNS 165
● Retained in BNSPunishment for committing affray with deadly weapon
Section 165 of the Indian Penal Code, 1860, deals with committing an affray using a deadly weapon. When a fight involves weapons that can cause serious injury or death, the offence is treated with greater severity.
Key points of IPC 165:
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Applies when two or more persons engage in a public fight using deadly weapons, such as knives, sticks, firearms, or other dangerous objects.
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Focuses on the enhanced risk of harm to participants and bystanders.
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Punishment: imprisonment up to 6 months, or fine, or both.
For example, if a group uses knives during a street fight or public clash, it is punishable under IPC 165.
This section serves as a deterrent against violent public fights involving dangerous weapons, protecting both participants and the public from severe injuries or fatalities.
Punishment for committing affray with deadly weapon
Section 165 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 165. It penalizes public fights involving deadly weapons, emphasizing protection of public safety and accountability of offenders.
Key points of BNS 165:
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Covers fights where participants use deadly or dangerous weapons.
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Punishment: up to 6 months imprisonment, or fine, or both.
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Ensures that authorities can intervene in weaponized public disturbances before escalation.
For instance, a clash involving sticks, rods, or knives in a marketplace or public street is prosecutable under BNS 165.
This provision strengthens public safety laws by discouraging violent acts with weapons in public spaces, reducing the risk of serious injuries or fatalities.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 165 to BNS BNS 165.