Key Points of IPC Section 351
- IPC Section 351 defines assault as making a gesture or preparation that causes fear of criminal force.
- Punishment is up to 3 months imprisonment or a fine of 500 rupees, or both, under Section 352.
- Assault differs from criminal force, focusing on threat rather than actual harm.
- It’s surprising that words alone don’t count as assault, but combined with gestures, they can.
What is IPC Section 351?
IPC Section 351, part of the Indian Penal Code, defines assault as any gesture or preparation that makes someone fear they will be harmed by criminal force, like being hit or pushed. This doesn’t require actual physical contact; it’s about creating fear of imminent harm.
Legal Text of IPC Section 351
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.
Punishment and Legal Consequences
The punishment for assault under IPC Section 351 is outlined in Section 352, which allows for up to three months in prison, a fine up to 500 rupees, or both, unless the assault was provoked, which has different rules.
Difference from Criminal Force
Unlike criminal force (defined in Section 350), which involves actual use of force causing harm, assault is about the threat or fear of such force. This distinction is key for understanding legal charges.
Survey Note: Comprehensive Analysis of IPC Section 351
IPC Section 351, a pivotal provision within the Indian Penal Code (IPC) of 1860, addresses the offense of assault, focusing on the creation of fear of criminal force rather than its actual application. This section, repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) effective July 1, 2024, remains relevant for offenses committed prior to this date. Below, we explore its definition, elements, legal implications, and broader context, providing a detailed examination for legal practitioners, scholars, and the general public.
Elements of Assault
To constitute an offense under Section 351, several elements must be proven:
- Gesture or Preparation: This includes physical actions like raising a fist or picking up a weapon, intended to suggest imminent use of force.
- Intent or Knowledge: The accused must intend or know that their action will likely cause the victim to fear criminal force, highlighting the mental state required for conviction.
- Victim’s Apprehension: The victim must actually feel fear of imminent harm, with the law considering whether a reasonable person would feel such apprehension.
Case Law and Judicial Interpretations
Judicial interpretations have broadened the scope of Section 351. For instance, Ramesh vs. State of Maharashtra (2016) involved a marketplace dispute where verbal threats and aggressive gestures were deemed assault, leading to a three-month sentence. Another case, Padarath Tewari vs Dulhin Tapesha Kueri (1932), held that a medical examination without consent constituted assault, emphasizing the victim’s perception.
These cases illustrate the law’s adaptability, considering context like public spaces, workplace harassment, and domestic settings, ensuring protection against intimidation.
Key Provisions of IPC Section 351
| Aspect | IPC Section 351 |
|---|---|
| Definition | Assault: Gesture causing fear of force |
| Punishment | Up to 3 months imprisonment or 500 rupees fine, or both |
| Bailable | Yes, under Section 352 |
| Cognizable | No, warrant needed |
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.
