An offence of Affray is said to be committed when a person uses or threatens unlawful violence towards another person and his conduct is such as would cause a person of reasonable firmness present at the scene, to fear for his personal safety. The offence of Affray requires the presence of at least three persons at the site of occurrence that includes a person using or threatening unlawful violence, a person towards whom the violence or threat is directed and a person of reasonable firmness who need not actually be, or be likely to be, present at the scene. The maximum penalty on conviction on indictment is three years' imprisonment and/or a fine of unlimited amount. On summary conviction the maximum penalty is six months' imprisonment and/or a fine not exceeding level 5. In case of conviction on indictment, an offence of Affray is punishable with imprisonment for a term not exceeding three years or a fine or both and on summary conviction the offence is punishable with imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both. The seriousness of the offence is determined by the effect of the behavior of the accused upon the members of the public who may have been put in fear. To constitute the offence of Affray there must be some conduct beyond the use of words, which is threatening and directed towards a person or persons and thus ‘mere words’ or ‘violent conduct towards property’ alone is not sufficient.
