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.
Explanations
- 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.
Illustrations
- A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.
- A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.
- A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault.
IPC Section 351: Simplified Explanation
IPC Section 351 of the Indian Penal Code defines the offence of “assault.” This section explains what constitutes an assault, which involves any gesture or preparation that causes another person to apprehend that criminal force is about to be used against them. The key element of assault is the creation of a fear or apprehension of imminent harm rather than the physical application of force itself.
Key elements of this section include:
- Gesture or Preparation: The person makes a gesture or preparation to use criminal force against another.
- Apprehension of Harm: The gesture or preparation must be such that it causes the person against whom it is directed to fear that criminal force is about to be used.
- Intent or Knowledge: The person making the gesture or preparation must intend or know that their actions will likely cause apprehension of harm.
Is IPC Section 351 Bailable?
Since IPC Section 351 is a definitional section and does not specify penalties, it does not directly determine bailability. Offences involving assault, as defined under IPC Section 351, are prosecuted under other specific sections, which determine the bailability based on the nature of the offence.
IPC Section 351 Punishment
Since IPC Section 351 is a definitional clause, it does not prescribe specific punishments. Instead, it provides the basis for understanding and prosecuting various offences involving assault under different sections of the IPC. The punishments for these offences vary depending on the specific nature and severity of the act committed.
Example of IPC Section 351
A real-life example of the application of IPC Section 351 involved a case where a man raised a fist towards his neighbour in a threatening manner during an argument, causing the neighbour to fear that he was about to be hit. This act constituted an assault as defined under Section 351, and the man was subsequently charged under IPC Section 352 for assault or use of criminal force otherwise than on grave provocation. This example illustrates how the definition provided in Section 351 is applied in conjunction with other sections to prosecute offences involving assault.
Offence: Assault (Related to IPC Section 351)
- Is IPC Section 351 Bailable? As a definitional section, IPC Section 351 itself does not determine bailability. The bailability depends on the specific offence under which charges are pressed, such as IPC Section 352 (Punishment for assault or criminal force otherwise than on grave provocation).
- Punishment: Relevant sections, such as IPC Section 352, prescribe punishments, which may include imprisonment for up to three months, a fine, or both, depending on the severity and context of the assault.
Example of IPC Section 351
In a residential dispute, a tenant threatened his landlord by raising a bat during an argument over rent payment, causing the landlord to fear imminent harm. This act constituted an assault under IPC Section 351, leading to charges under IPC Section 352 for assault or use of criminal force otherwise than on grave provocation. The tenant faced legal consequences for creating a fear of harm through his threatening gesture.
