This article has been written by Mr. Rohan Madhok, a 5th-year BBA.LLB student from Vivekananda Institute of Professional Studies, GGSIPU, New Delhi
INTRODUCTION
Nearly every day in India we hear about instances of criminal acts of assault, battery, and criminal force. These criminal acts have become very common and happen nearly every hour in our country, because of this the common man is facing a lot of problems in their everyday life. To resolve this problem the government criminalized certain acts under the Indian Penal Code 1860 in order to ensure strict punishment for anyone who indulges in such activities. Assault is one such act, it is one of the most common criminal offenses in India, and is defined under Section 351 of the Indian Penal Code (IPC). Assault is the act of intentionally causing fear of imminent harm or injury to a person, or causing actual harm or injury to a person, without their consent. Assault is defined as the intentional act of causing another person to apprehend immediate and unlawful personal violence. In other words, assault is the act of threatening physical harm to someone or making them feel afraid that harm is imminent. It’s important to note that physical contact is not always necessary for an act to be considered assault.
ASSAULT
Assault is a criminal offense that is taken very seriously by the legal system. It involves intentional and unwanted physical contact with another person or the threat of such contact. The offense of assault can be both a civil and criminal matter and can carry serious legal and financial consequences.
Section 351 of the Indian Penal Code 1860 says that whoever causes another person to apprehend the infliction of immediate harm to that person, is said to have committed the offense of assault. The act of assault may include the use of physical force, verbal threats, or any other act that causes the victim to feel fearful or intimidated.
Anyone who makes any kind of gesture towards another person with the other person having the knowledge that criminal force is going to be used against him that is known as assault. It is a well-established fact that mere words do not constitute assault; however certain gestures or expressions made or any kind of preparation done may amount to an assault.
We can understand the offense of assault with the help of certain illustrations
1) Raj shakes his fist at Rahul, with such intention or knowledge that may cause Rahul to believe that Raj is about to hit Rahul. Raj has committed an assault against Rahul
2) Ramesh loosens his grip on the leash of a ferocious dog with full knowledge that the dog will cause harm to Manoj. So, Ramesh has committed an assault upon Manoj.
3) Rahul picks up a metal rod, and says to Riya, “I am going to beat you up”. In this situation even though the words used by Rahul may not amount to a direct assault, the gesture explained by the words might amount to an assault.
The offense of assault has the following essential ingredients
1) Gesture made or preparation is done – when any kind of gesture is made or any preparation is done by any person with the intention to use criminal force against another person it amounts to assault
2) Such gesture is made in the presence of the person against whom assault is committed
3) The act is caused with the intention to cause injury or apprehension of injury to the other person
4) The act must cause some kind of apprehension in the mind of the victim that some kind of injury would be caused to him by the actions of another person.
Assault is a non-bailable offense, and is punishable under Section 352 of the IPC. The punishment for assault may include imprisonment for a term of up to three months, a fine of up to Rs. 500, or both.
However, the punishment for assault may be increased under certain circumstances. For instance, if the assault causes grievous hurt to the victim, the punishment may be imprisonment for a term of up to seven years, along with a fine. If the assault is committed against a woman with the intention of outraging her modesty, the punishment may be imprisonment for a term of up to two years, along with a fine.
It is important to note that in India, assault is not the same as the battery. The battery is the actual physical contact that results in harm to a person, whereas assault is the threat or apprehension of such contact. However, the IPC does not make a clear distinction between assault and battery, and the two terms are often used interchangeably in legal proceedings.
AGGRAVATED FORMS OF ASSAULT
Assault can take many different forms and may include physical violence, verbal abuse, sexual harassment, and other forms of intimidation or coercion. It is important for individuals to be aware of their rights and to seek legal recourse if they are victims of assault.
- Simple Assault: Simple assault is the act of intentionally causing fear of immediate harm or injury to a person, or causing actual harm or injury to a person, without their consent. This is punishable under Section 352 of the IPC.
- Aggravated Assault: Aggravated assault is a more serious form of assault that involves the use of a weapon or causing grievous hurt to the victim. This is punishable under Section 326 of the IPC.
- Assault on women to outrage her modesty: Anyone who assaults a woman with the intention to sexually assault her or to outrage her modesty is also punishable under the IPC. Sexual assault is the act of forcing sexual contact on a person without their consent. This includes rape, molestation, and other forms of sexual harassment. This is punishable under Section 354 of the IPC.
Further Section 354B provides a punishment of 3 years which may be extended to 7 years for any person who assaults a woman with the intention to disrobe her
- Assault on Public Servant: Assault on a public servant, such as a police officer or government official, is a serious offense under IPC. This includes obstructing a public servant in the discharge of their duties or causing harm to a public servant. This is punishable under Section 353 of the IPC with imprisonment for two years and a fine.
- Assault with the intention to dishonor a person – a person who assaults another person with the intention to dishonor that person is liable for punishment under section 355 of IPC with imprisonment for two years and a fine.
- Assault with an attempt to theft: whoever assaults another person with the intention to attempt theft on the person that he is wearing or he owns, shall be punished under section 356 of the IPC with imprisonment for 2 years and a fine.
- Assault in attempting wrongful confinement – whoever assaults another person with the intention to wrongfully confine another person shall be punished under section 357 with an imprisonment of one year along with a fine of Rupees one thousand.
DIFFERENCE BETWEEN ASSAULT AND CRIMINAL FORCE
Criminal force and assault are two terms used in criminal law to describe different types of physical violence. While both offenses involve the use of force against another person, there are some important differences between them.
Assault is defined as an intentional act that causes another person to apprehend immediate and unlawful violence. This means that the victim must feel that they are in imminent danger of physical harm. Assault can be committed even if no physical contact is made with the victim. For example, if someone threatens to hit another person and the victim is genuinely afraid of being hit, it can be considered assault.
On the other hand, criminal force involves the use of actual physical force against another person. This means that the offender has physically touched or struck the victim. Criminal force can also include the use of an object or a weapon to cause harm. Unlike assault, there does not need to be any fear or apprehension on the part of the victim for criminal force to occur.
In summary, the key difference between criminal force and assault is that criminal force involves actual physical contact, while assault does not necessarily require physical contact and can be based on the victim’s fear of violence. Both offenses are serious crimes and can result in significant legal consequences for the offender.
CASE LAWS
1) Nazir Uddin v Emperor AIR 1933 ALL – In this case the court observed that the offense of assault is committed against a person and not against the general public even though it results in a breach of peace
2) Muneshwar Bux Singh vs State Through Raghunandan Prasad AIR 1956 All 199
In this case, the court held that no person would be held guilty of assault if his gestures or preparation do not cause apprehension of harm to another person.
CONCLUSION
Assault is a serious offense that can have significant legal and financial consequences. If you have been the victim of assault, it’s important to seek legal advice and pursue legal action against the perpetrator. If you have been accused of assault, it’s important to speak to a lawyer who can help you understand your legal rights and defend your interests in court. By understanding the legal definition of assault and the penalties associated with it, we can all work to prevent this type of behavior and promote a safer, more just society.
REFERENCES
2) https://blog.ipleaders.in/criminal-force-and-assault/
3) https://www.scconline.com/Members/SearchResult.aspx
4) K.D. GAUR’S CRIMINAL LAW CASES AND MATERIALS: NINTH EDITION
5) Section 351 of Indian Penal Code 1860
6) Section 352 of Indian Penal Code 1860
7) Section 326 of Indian Penal Code 1860
8) Section 353 of Indian Penal Code 1860
9) Section 355 of Indian Penal Code 1860
10) Section 356 of Indian Penal Code 1860
11) Section 357 of Indian Penal Code 1860
12) Nazir Uddin v Emperor AIR 1933 ALL
13) Muneshwar Bux Singh vs State Through Raghunandan Prasad AIR 1956 All 199
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