“Waging war” is an offence against the State. “Riot” and “Affray” are offences against the public peace. Waging war is the most serious of these three offences and is most heavily punishable (death or imprisonment for life).
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Riot is more heavily punishable (6 months or fine or both) than affray (1 month or fine upto Rs. 100 or both). A riot is always for a private purpose whereas the object of waging war is of a general nature.
ADVERTISEMENTS:
The minimum number of persons in a riot must be five, in an affray two and there is no maximum limit on the number of persons in either. In affray only those who are actually engaged are punishable, in a riot everyone of the unlawful assembly, though he may or may not have personally used force or violence is punishable.
In a riot even persons other than the members of the unlawful assembly incur liability to punishment under certain circumstances. A riot may be committed in any place public or private but an affray can be committed only in a public place.