Code: Section 130 BNS – Assault
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.
Explanation of Section 130 BNS
Section 130 of Bharatiya Nyaya Sanhita (BNS) defines assault as an act where a person, through gestures or preparations, causes another person to apprehend the imminent use of criminal force. Importantly, the provision clarifies that mere words do not constitute assault unless they are accompanied by gestures that create a fear of harm.
Key Provisions:
- Gestures or Preparations:
- Assault is committed when a person makes a gesture or takes a preparatory step that makes another person fear imminent harm.
- No Physical Contact Required:
- Unlike criminal force, assault does not require actual physical contact. The mere apprehension of harm is sufficient.
- Role of Words in Assault:
- While mere words do not amount to assault, they can give meaning to gestures and preparations, making them legally actionable.
- Intent or Knowledge:
- The person making the gesture must either intend or know that their action is likely to cause fear in the other person.
Illustration of Section 130 BNS
To understand the application of Section 130 BNS, let’s look at some real-world scenarios:
Example 1: Shaking a Fist
A and Z are engaged in an argument. A, in anger, raises his fist and moves toward Z aggressively. Even if A does not strike Z, this act may cause Z to believe he is about to be hit. This amounts to an assault under Section 130 BNS.
Example 2: Releasing a Ferocious Dog
A is walking his large, aggressive dog when he sees Z, an old rival. A begins to unclip the dog’s leash while staring at Z menacingly. If Z believes the dog will attack him, A has committed assault.
Example 3: Threatening with a Stick
A picks up a stick and, while holding it in a threatening manner, says to Z, “I will give you a beating!”
Even though the words alone do not constitute assault, the gesture (holding the stick in a menacing way) combined with the words might amount to assault.
Common Questions and Answers on Section 130 BNS
1. Does assault require actual physical harm?
No. Assault under Section 130 BNS does not require physical harm or contact. It only requires an act that causes apprehension of harm.
2. Can mere words constitute an assault?
No. Mere words alone do not amount to assault. However, if words are accompanied by gestures that instill fear, they can be considered an assault.
3. What is the difference between assault and criminal force?
- Assault refers to the act of making someone fear the use of criminal force.
- Criminal force involves actual physical contact intended to cause harm or annoyance.
4. Is threatening someone over a phone call considered assault?
No. A threat over the phone does not involve a gesture or physical act in the presence of the victim, so it does not constitute assault under Section 130 BNS. However, it may be punishable under other provisions, such as criminal intimidation.
5. What are the legal remedies for a victim of assault?
A victim of assault can:
- File a criminal complaint at the nearest police station.
- Seek protection if the threat continues.
- Pursue legal action under BNS provisions.
Conclusion
Section 130 of BNS plays a crucial role in protecting individuals from threats of physical harm. By defining assault as an act that induces fear of imminent force, the law ensures that people cannot intimidate or threaten others without consequence.
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