assault
Under the BNS, a person commits assault when he makes a gesture or preparation intending or knowing it likely to cause any person present to apprehend that he is about to use criminal force on that person. Mere words do not amount to assault, but words can give meaning to gestures. No contact is needed.
If force is actually applied, the offence is criminal force rather than assault; assault is the threat, criminal force is the touch. In tort the same pair appears as assault and battery. Aggravated forms include assault on a woman with intent to outrage her modesty and assault on a public servant.
Example
Raising a stick and rushing at the neighbour, who stepped back in fear, was assault under s.130 BNS, even though the stick never touched him.
In Indian law
- Section 130, Bharatiya Nyaya Sanhita, 2023 (old s.351 IPC): assault
- Section 131, Bharatiya Nyaya Sanhita, 2023 (old s.352 IPC): punishment for assault or criminal force otherwise than on grave provocation
See also
battery · hurt · wrongful restraint · tort
Read more in the study notes
- Framing of charge and joinder of charges (Bharatiya Nagarik Suraksha Sanhita)
- Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
- Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)
- Crime: meaning, elements and stages (Bharatiya Nyaya Sanhita)
- The right of private defence (Bharatiya Nyaya Sanhita)
- Rape and sexual offences (Bharatiya Nyaya Sanhita)