BY: DIPANSHA AGRAWAL
LLOYD LAW COLLEGE
INTRODUCTION:
In a country like India, we can always see in the news about crimes regarding battery, assault, discharge etc. Such crimes are very common in our country and happen almost every single day, one may argue that it happens hourly and because of this, people were facing a lot of problems, the government had to step in and so they made certain laws that ensured strict punishment to all those people who committed such crime and thus it reduced to number of such crimes in our country.
HISTORY OF IPC:
There are many codes which is already draft in the British era, IPC is one of them. The first draft of the IPC was prepared by the first law commission, chaired by Thomas Babington Macaulay. The code came into force on 1st January, 1860. The IPC is based on the principles of common law and has been influenced by British legal traditions. It defines and provides punishment for criminal offenses such as murder, theft, rape, and fraud. The code also provides guidelines for determining the degree of punishment for each offense, taking into account factors such as the severity of the crime and the criminal’s intent. There are many offences written in IPC like murder, rape, theft, etc. Like these offences there is one offence name as criminal force, assault and its punishment which is discussed in this article below.
DEFINITION OF SECTION 352:
Punishment for assault or criminal force otherwise than on 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 five hundred rupees, or with both.
Explanation. —Grave and sudden provocation will not mitigate the punishment for an offence under this section. If the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or if the provocation is given by anything done in the lawful exercise of the right of private defense. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
WHAT IS ASSAULT:
Assault refers to the act of immediately using unlawful personal violence against another person or instilling fear in them. Assault is distinct from violent crime. When someone uses physical force against another person, only when such physical force comes into touch with a part of the other person’s body qualifies as criminal force; otherwise, it qualifies as an assault, and the offender is subject to prosecution under section 351 of the IPC.
Words alone do not constitute an assault. However, it amounts to assault if the person uses gestures to express their statements.
For instance, “A” is a person who was walking in the park when he unintentionally struck Mr. “B” while sprinting, and he then threatened to punch him. This behaviour does not constitute assault, but this action amounts to criminal force, if B made a fist-shaking gesture towards A, then it constitutes assault.
WHAT IS CRIMINAL FROCE:
When a person uses force intentionally without another person’s consent for committing of any offence and intentionally use such force to cause or knowing or likely use force to cause injury, fear or annoyance to that person to whom the force is used is liable for the criminal force. punishment for the offender is imprisonment of either description for a term which may extend to 3 months, or with fine which may extend to five hundred rupees, or with both.
Three essentials of criminal force:
- a) there must be use of force without the consent of the person.
- b) the force should be used intentionally,
- c) the force must have been used.
1: to commit an offence, or
2: to cause or knowingly to be likely to cause any injury, fear or annoyance to the person to whom the force is used.
MEANING OF SECTION 352 OF INDIAN PENAL CODE:
If found guilty in accordance with Section 351, the following legal repercussions may result:
Imprisonment: Depending on the seriousness of the offence, the offender may receive a sentence of up to two years in jail.
Fine: A fine may be imposed by the court in addition to or in lieu of imprisonment as an additional penalty. The court sets the fine amount, which is proportionate to how serious the offence was.
Combined Punishment: Depending on the situation and the offence, the court may also choose to impose both a fine and a period of incarceration.
It is crucial to remember that Section 351 and 350 penalty is cognizable, which authorizes law enforcement to detain the accused without a warrant. Additionally, the crime is non-bailable, which limits the possibility of releasing the accused on bail.
ILLUSTRATION:
ILLUSTRATION 1: A is a person who walks in the garden and another person B is also walking there, by mistake B push A while walking. With this incident A gets very angered and tells B to say sorry to him if he does not say sorry to him then A will beat him. In this case A is not liable under section 35i of the Indian penal code. But if A shakes his fist at B, while saying that he will bet B if he did not say sorry to him. Now, here in this case A is liable under section 351 of the IPC. (assault)
ILLUSTRATION 2: A person X encourages a dog to jump upon Y without Y’s consent. Here, if X intends to cause injury, fear or annoyance to Y, he uses criminal force to X.
ILLUSTRATION 3: A person A is bathing, B another one poured boiling water into the bathing water by knowing it is boiling water. This shows the intention of A to bring that water in contact with B which affects his sense of feeling A has, therefore, intentionally used force to B; and if he has done this without B’s consent intending or knowing it to be likely that he may thereby cause injury, A has used criminal force. And he is liable for the section 350 and the punishment is given according to section 352 of IPC.
ILLUSTRATION 4: A is having a personal grudge to cause serious injuries to B. A pulls B’s chair when he is about to sit. As a result, B falls, causing him several fractures. Here, A with malice intent to cause injury to B committed the offence defined under section 350 IPC. And punishment given according to the section 352 of ipc.
CASE LAWS:
Here are three important case laws related to assault.
- Muneshwar Bux Singh vs State Through Raghunandan Prasad (1955): In this case, the court held that a person shall not be held guilty of assault if his gestures or preparation do not cause apprehension of harm to another person.
- Nani Gopal Das v. Bhima Charan Rakshit
The court stated that the presence of the person whom the force is alleged to be used is mandatory to prove that there was the use of force or criminal force.
- Bihari Lal v. Emperor
In this case, the court observed that in criminal force the physical presence of a person, against whom the criminal force is alleged to be used is required.
4.Kalar Din vs Emperor (1941): In this case, the court held that criminal force must be directed against a person and not a thing.
CONCLUSION:
Assault is basically the apprehension that the other person is going to get hurt. It is done to another person with the use of criminal force with the ill will to harm the other person. People face a lot of problems because of this, especially women. So, it was inevitable that strict laws regarding Assault and Criminal force had to be put in place and be implemented properly so that every person is protected by the law. Any person who assaults any other person by using criminal force, he may be punished or fined, or both, according to the Indian Penal Code.
REFERENCES:
https://www.writinglaw.com/assault-as-per-ipc/
https://blog.ipleaders.in/criminal-force-and-assault/#Punishment_for_Assault_or_Criminal_Force