This article has been written by Ms, Riddhi khanna , a 1st year BA LLB student from new law college ,bhartiye Vidya peeth New Law College, Pune.

In this article, we explain the meaning of assault with examples, essentials, case laws, and punishment.

• Meaning of Assault
• Examples of Assault
• Essentials of Assault
• Case Laws Related to Assault
• Punishment for Assault

Within the Indian Penal Code (IPC) of 1860, there are multiple provisions that pertain to crimes involving harm to the human body. These offenses are discussed in Chapter 16, spanning from sections 299 to 377 of the IPC. Among these offenses, one of them is assault. Assault is a prevalent offense that can occur in everyday life. In the Indian Penal Code (IPC), the definition and punishment for assault are laid out in sections 351 and 352, respectively.

MEANING

According to section 351 of the IPC, assault is intentionally causing another person to apprehend the use of force against them or causing any act that causes the person to feel that immediate harm or injury will be caused to them. It encompasses both physical acts and threats that create fear of physical harm.

This can include acts such as physically striking, slapping, or using force against another person, or even threatening to use force with the intention to cause harm.

It’s important to note that under IPC, assault does not necessarily require actual physical contact, but can also encompass acts that create a reasonable apprehension of harm or violence.

Illustration:

A person raises a clenched fist and threatens to hit another person, creating a reasonable apprehension of imminent use of force. This could amount to an assault under the law.

DEFINITION .

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.

EXAMPLE

Raj picks up a stick and tells Ashok, “I will beat you.” While the words used by Raj may not, in themselves, constitute an assault, and the mere gesture of picking up the stick might not amount to an assault on its own. However, when the gesture is accompanied by the words used by Raj the overall context may give rise to an assault, as the gesture explained by the threatening words could create a reasonable apprehension in Ashok’s mind that Raj intends to use criminal force against him.

ESSENTIALS OF ASSAULT

These are the essentials of the offence of assault:

1. Intention or knowledge: The accused must have the intention to cause apprehension of the use of criminal force, or knowledge that their act is likely to cause such apprehension.

1. Gesture or preparation: The accused must make a gesture or preparation, such as a physical act, movement, or expression, that is capable of creating a reasonable apprehension of the use of criminal force.

1. Apprehension of use of criminal force: The act of the accused must create a reasonable apprehension in the mind of the victim that the accused intends to use criminal force against them.

1. Imminence: The apprehension of the use of criminal force must be immediate and imminent, meaning that it must create a sense of immediate threat or danger in the mind of the victim.

PUNISHMENT

Assault is considered a criminal offense and is punishable under IPC. The severity of punishment may vary depending on the nature and gravity of the assault, including factors such as the use of weapons, the severity of injuries caused, and the intent behind the assault.

Section 352 of the IPC outlines the punishment for the offense of assault. As per this section, whoever commits assault shall be punished with imprisonment of either description for a term which may extend to three months, or with a fine which may extend to five hundred rupees, or with both.

EXCEPTION

Under the Indian Penal Code (IPC), the defense of grave and sudden provocation is generally recognized as a mitigating factor in cases of criminal offenses.

However, an exception to this general rule is that the defense of grave and sudden provocation is not applicable to assault. In other words, if a person commits an assault on another person in response to a grave and sudden provocation, it will not be considered a valid defense under IPC.

Section 106 – Right of private defence against deadly assault when there is risk of harm to innocent person.

Section 106 of the Indian Penal Code (IPC) provides individuals with the right of private defense against a deadly assault in situations where there is a risk of harm to an innocent person. This means that if someone is facing a life-threatening assault and there is a possibility that an innocent person may also be harmed, the victim of the assault or any other person present at the scene has the right to defend themselves and the innocent person using reasonable force.

CASE LAWS RELATED TO ASSAULT

• Here are three important case laws related to assault.

1. State of Rajasthan v. Balchand (1977) : In this case, the Supreme Court of India held that the intention of the accused to commit an assault is an essential element of the offense of assault under Section 351 of IPC. It was held that a mere gesture or preparation intending to cause apprehension of use of criminal force is not enough to constitute assault, unless the intention to commit an assault is established.

.

1. State of Rajasthan v. Vinay Kumar (2009): In this case, the Supreme Court of India held that the essential ingredient of assault is the intention or knowledge of the accused to cause apprehension of use of criminal force. The court clarified that mere words or gestures, without an intention or knowledge to cause apprehension of use of criminal force, would not amount to assault under IPC.

CONCLUSION

Assault is a grave offense that involves intentionally causing fear or apprehension of harm to another person using physical force, with malicious intent. It is a heinous act that poses a significant threat to individuals, particularly women, and as such, stringent laws have been enacted and enforced to ensure the protection of all individuals under the Indian Penal Code. Anyone who commits assault by employing criminal force may face punishment in the form of fines, imprisonment, or both, as prescribed by the law.