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.
Illustrations.
(a) 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.
(b) 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.
(c) 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.
Simplified Explanation
Section 130 of the Bharatiya Nyaya Sanhita, 2023 defines the offense of assault. This section addresses actions that can lead a person to reasonably fear that criminal force is about to be used against them, even if no physical contact is made.
Section 130 – Assault
An assault is committed when:
- A person makes a gesture or preparation intending or knowing that it is likely to cause another person to apprehend (fear or expect) that the person making the gesture or preparation is about to use criminal force against them.
Explanation:
- Mere words do not amount to assault on their own.
- However, words can give context to gestures or actions, making them amount to an assault if the words make it clear that force is likely to be used.
Illustrations:
- Illustration (a):
- Scenario: A shakes his fist at Z, intending or knowing it is likely that this will make Z believe A is about to strike.
- Analysis: A’s gesture (shaking the fist) creates the apprehension in Z that A might use force. Therefore, A has committed an assault.
- Illustration (b):
- Scenario: A begins to loosen the muzzle of a ferocious dog, intending or knowing it is likely to make Z believe that A is about to let the dog attack Z.
- Analysis: A’s preparation (loosening the muzzle) creates the fear in Z that harm might come from the dog. This amounts to assault because it causes Z to apprehend the use of criminal force.
- Illustration (c):
- Scenario: A takes up a stick and says, “I will give you a beating.”
- Analysis: While the words alone do not amount to an assault, the gesture of picking up the stick, combined with the threat of a beating, can lead to the conclusion that criminal force is about to be used. This combination can make the act amount to assault.
Key Points:
- Gesture or Preparation: An assault does not require actual physical contact. The intention or likelihood of causing fear of violence through a gesture or preparation is enough.
- Words as Context: Words, while not an assault on their own, can clarify the meaning of a gesture, making it an assault if they give the impression that force is about to be used.
- Apprehension of Criminal Force: The essence of assault is the creation of a fear or expectation that the victim is about to be subjected to criminal force.
In essence, assault under this section is concerned with causing a person to reasonably believe they are about to be harmed, even if the actual physical act of harm does not occur. It involves threatening gestures or preparations that make the victim fear the use of force.
