BNS Section 130 – Assault

IPC Section – 351

Assault

Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.

Explanation
Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault.

Illustrations

(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.

(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.

(c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault.

Definition and Components of Assault

1. What is Assault?

Assault is defined as an act where a person:

• Makes a gesture or prepares to act in a way that
• Intentionally or knowingly causes another person to fear that they are about to be subjected to criminal force.

2. Key Components of Assault

• Gesture or Preparation:
  This includes physical movements, body language, or other actions that imply an imminent threat of violence.
• Intent or Knowledge:
  The person making the gesture or preparation must either:
  1. Intend to create fear of criminal force, or
  2. Know that their actions are likely to cause such fear.
• Apprehension:
  The focus is on the effect of the gesture or preparation on the other person, specifically their fear or apprehension of being harmed.

3. Explanation

• Mere Words Are Not Assault:
  Simply using words alone does not constitute assault. However, if words are combined with gestures or actions that create a threatening context, they can contribute to assault.
• Meaning Derived from Words and Gestures:
  The combination of words and gestures can create a reasonable apprehension of imminent harm, which qualifies as assault.

4. Examples of Assault

• Raising a fist as if to strike someone, causing them to fear being hit.
• Pointing a weapon at someone, even if it is not fired or used.
• Threatening words combined with aggressive body language, such as shouting while advancing toward someone.

5. Key Takeaways

• Assault involves gestures or preparations that create a reasonable fear of imminent harm.
• The person committing assault must intend to cause fear or know that their actions are likely to do so.
• Words alone do not constitute assault unless accompanied by threatening gestures or actions.

Summary of Assault