Notes on ASSAULT 

INTRODUCTION 

The word assault is very popular in legal arguments; however little is often understood about  what it really means and what it involves. Most people can relate to the word through layman  terminology, where they consider assault to be just about anything that pertains to physical  violence. Legally, however, the concept of assault is a different matter altogether. It involves  actions that put a person in fear or apprehension—considered a harm—while no physical contact  has been made. Understanding assault is very important; it is one of the basic offensive conducts  under criminal law, as it protects a person from being threatened or being put in fear of imminent  harm. 

Be it a quarrel that gets too aggressive—one party threatens the other—or some situation  whereby a person does something that makes another person feel unsafe, the law steps in to offer  protection. In that sense there is a legal frame regarding assault which gives enough confidence  to individuals so that they can lead their life without any bother of the fact that certain persons  might act in a bullying or threatening manner towards them.  

Purpose of the Article 

This paper has an object to clearly elucidate what amounts to assault under Indian law. The concept of assault we shall have regard to based on two most important legal texts: the  Indian Penal Code since 1860 and the more contemporary law, namely the Bharatiya Nyaya  Sanhita from 2023. Starting our discussion from making a comparison of these two texts of law,  we try to come up with how the notion of assault has developed in Indian law, attempting to  make a change from today’s needs and changing values of society in protection through law  enforcement. This article will further dissect the key ingredients that comprise the offense of  assault, delineating what actions or behaviors can legally be considered as assault. We will also  look into the different kinds of assault that the law has identified, their corresponding 

punishments, and particular protections given, especially to women. 

All through this text, the reader should be in a position to get a clear and detailed understanding  of assault in the context of Indian law. The reader should be able to specifically identify the legal  connotations such an individual would incur should he/she be found guilty of assault. Such  knowledge is not just important for the legal profession but also for the ordinary members of  society, since it gives them the ability to recognize and protect their rights. 

ASSAULT 

Indian Penal Code (IPC) 

Section 351: The Indian Penal Code elaborates on assault under this section as: “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.” 

This definition emphasizes that the force causing one to believe they were about to be hurt was  criminal assault; actual contact does not need to occur. For example, when one shakes his fist in  a threatening manner toward another, this may be an assault if he believes he will get hit. Words alone cannot be considered assault. If words are accompanied with any gestures or acts to  convey the notion of imminent harm, they might be a part of the assault committed or help in  constructing the frame of assault per se committed towards the person. The essential nature is  inducing a sense of apprehension in the mind of the victim involving acts intended to cause such  apprehension in the victim’s mind. 

Bharatiya Nyaya Sanhita (BNS) 

– Section 130: The Bharatiya Nyaya Sanhita of 2023 frames the more explicit definition of the 

assault under the following section: 

“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.” 

This definition is not too different from that of the IPC. However, certain refinements are still  present within. The BNS elaborates further on this by stating that an assault is any gesture or  preparation calculated to cause someone to fear imminent harm. The act includes loosening of  the muzzle of a dog in such a way as would cause a person to believe that the dog is about to  attack, or brandishing a stick in a threatening manner. 

The BNS also establishes that mere words do not amount to assault. The words, nevertheless  when added to an act implying causing harm are part and parcel of an assault. Illustratively, the  words “I am going to hit you” added to when a person is seen to carry a stick, the threatening and  the action become merged and could amount to an assault . 

ELEMENTS OF ASSAULT 

1. Acts or Preparation 

In the context of assault, “gesture” is a physical action of a kind that might be taken to be a threat  or preparation for an assault. A “preparation,” on the other hand, entails setting the stage for a  prospective assault. They may not in themselves be violent but must be so construed by the  victim as to more than merely threaten an imminent threat. 

Examples:- 

-Shaking a Fist- When one shakes a fist at an opponent, it is an act in which the opponent could  clearly see an intention to use force. The action of the fist shaking is threatening or hostile, so the  victim has the belief that they may be harmed. 

– Unloosing a Dog’s Muzzle: If a person intentionally begins the process of unloosing a muzzled  dog in a manner that incites another person to be afraid that the dog will attack them, it is classed  as an assault because even though no attack has technically taken place, this act of preparation  has produced a belief that an attack is imminent 

2. Intention or Knowledge

For an act to constitute assault, the transferor of such a gesture of preparation must intend or  know it will cause the victim to fear imminent harm. Meaning, approach the mental status or  awareness of an individual about the intended or potential effect of his/her action plays an  important factor in determining where an assault is present 

Examples 

-Application: If a person, carrying a big piece of something, would say to another, “I’m going to  hit you,” one can easily deduce that he wants the other to feel the threat of injury. Threat plus the  immediate behavior to harm is an assault. 

– Knowledge: For example, if A waves a stick at B, intending to use the stick to strike B, in a  manner that could reasonably be expected to cause B to fear that they might be so struck, A is  guilty of assault because of the knowledge that the act will cause the fear, regardless of whether  A intended to actually strike B or not. 

3. Apprehension of Criminal Force 

Criminal force means apprehension of criminal force on the part of the victim as a reasonable  expectation. It may not be that the physical contact will be caused but, if indeed, the fear that  harm may be caused to him, results from the act of the accused.  

Example 

– Harm Perception : It emphasizes a fact as to how the law relates to the perception of the victim.  For example, if somebody points a weapon toward them while making threatening gestures or  tries to attack them, then apprehension is created. Rather than the actual act of causing harm, it is  the expectation of potentially being harmed that defines assault. 

-Reasonableness of Fear -The apprehension must be reasonable and based on the context of the  actions taken. For instance, if a person threatens another while he is in a position to have  dominant advantage and the threat is coupled with an act indicative of imminent aggressor, a  person’s fear of being assailed is reasonable. 

TYPES OF ASSAULT 

1. General Assault (Without Grave Provocation)

– This kind of assault includes a use of force or making intimidating gestures without any serious  provocation on the part of the victim. It also involves any physical act that instils apprehension  of imminent harm, although not substantial provocation . 

– The sanctions always come with terms of imprisonment or fines depending on the seriousness  of the assault. 

2. Assault with Intent to Outrage Modesty 

It involves acts to insult or injure modesty, addressed to the modesty of women. It involves  physical contact or gestures made with the intention of humiliating or offending the person. The punishment is normally a fixed minimum term of incarceration, that is also possible to find  fines, mired, that alleged offense is grave.  

3. Assault on Public Servants 

Assaults that are committed against public servants: acts constituting assaults, which are  committed against public servants (police officers or public officials) in the exercise of their  functions. The same must be intended to cause obstruction or otherwise interfere with his  discharge of functions/functions. 

— Responsible offenders shall be imprisoned or fined. However, the penalty to be imposed will  be commensurate to the effect on either causing public servants discharge of function difficult or  easy. 

4. Attempt to Cumulatively Robbery Assault 

– This type of assault, it can be said to be committed during when the suspect makes an attempt  cumulatively to the victims’ property. The force then is a design in the attempt of theft, and  Cambridge by the offender, maybe, or requires that the offender used or threatened to use forces  to drug the aggressor of the victim to an access entry. 

– The penalties here are imprisonment and/or fines because of the seriousness of cumulatively  theft and an assault.

PUNISHMENT FOR ASSAULT 

In IPC 

Section 352: This section deals with general assault where no grave provocation is involved. The  punishment for an assault under this section is: 

“Whoever assaults any person otherwise than on grave and sudden provocation given by that  person, shall be punished with imprisonment for a term which may extend to three months, or  with fine which may extend to five hundred rupees, or with both.” 

The offender is punishable with imprisonment for a term not exceeding three months, with a fine  not exceeding five hundred rupees, or with both such imprisonment and fine. This penalty will  accrue if the assault is one that was not provoked by vital or immediate action that was required  from the complainant. 

– Mitigating Factors – Circumstances that are likely to lessen the harshness of the penalty include  provocation, the intention of the offender, and mitigating circumstances that the accused has  shown upon or since the assault was made. 

– Aggravating Factors: Some of the things taken into consideration in the determination of the  sentence includes, the nature of the assault (if it is violent or continuous nature), the vulnerability  of the victim, or if the assault was committed against a public servant. 

Other Relevant Section 

Section 354 – Assault with intent to outrage modesty of a woman is a graver offence. Punishment  for the same may be imprisonment for a minimum of at least one year to a maximum of five 

years along with fine. 

Section 356 and Section 357 – Assault with the intention of committing theft, and wrongful  confinement; the punishment is upto two years of imprisonment, or a fine, or both, which reflects  on the very nature of the assault. 

Under BNS 

Section 131: prescribes punishment for general assault without grave provocation : 

“Whoever assaults or uses criminal force to any person otherwise than on grave and sudden  provocation given by that person, shall be punished with imprisonment of either description for a  term which may extend to three months, or with fine which may extend to one thousand rupees,  or with both”. 

The penalty is imprisonment for a term which may extend to three months, a fine that may  extend to 1,000 rupees, or with both. This again is the same as the IPC but adds a further option  for fine. The BNS states that the act shall not be reduced to penal servitude on the ground of  grave and sudden provocation if the offender has provoked the other party with the intent to  provide the provocation or if the act was done in the lawful exercise of power or in the execution  of a duty provided that the case is one of proved bis. 

Comparison with IPC 

– The BNS has a higher maximum penalty than the IPC for common assault (1,000 rupees  against 500 rupees) 

Both Acts deal with general assaults and have provisions for specific types of assaults (on 

women, public servants, while committing an act of theft). The BNS has more detailed  descriptions, so it may extend the scope in terms of what constitutes an assault. 

CASE LAW  

Rupabati v. Shyama (1958) 

Case Summary 

In Rupabati v. Shyama, the legal issue revolved around the interpretation of what constitutes  assault. The case involved a situation where the accused was alleged to have made threatening  gestures that created an apprehension of harm in the victim, although no physical injury was  inflicted. 

The court held that assault does not require the actual infliction of physical harm. Instead, the key  element is the creation of apprehension of imminent harm through gestures or actions. This case  reinforced the principle that even in the absence of physical injury, the threat or perception of harm  can qualify as assault. The ruling clarified that mere words alone do not constitute assault unless  accompanied by actions that induce fear or apprehension in the victim. 

Padarath Tewari vs. Dulhin Tapesha Kueri (1932) 

Case Summary 

Padarath Tewari vs. Dulhin Tapesha Kueri addressed a situation where a medical examination of  a woman was conducted without her consent. The case focused on whether this action constituted  assault under the IPC. 

The court held that conducting a medical examination without consent amounts to assault, as it  involves an unwarranted physical intrusion that can cause apprehension and distress. This case  expanded the interpretation of assault by recognizing that non-consensual physical contact or  examination can be considered an assault. It emphasized that the context and nature of physical  acts, especially those involving privacy and consent, are crucial in determining whether an assault  has occurred. 

CONCLUSION 

The concept of assault has been addressed in this paper for what it is, its essential ingredients,  and the legality under IPC and BNS. Assault means keeping a person apprehensive of some  immediate harm or injury through gesture or act; no actual physical injury is required. The  essential ingredients are: the nature of the act, knowledge or intent, and the resultant  apprehension of criminal force. Appreciation in all aspects becomes necessary as these  elements form the basis for laying down the legal implications and punishments for assault. 

The juxtaposition of IPC with BNS brings out the way in which dynamic laws, such as BNS,  change with times and provide for a more defined and better impunity against an offense like  assault.