Assault

Assault is an overt act or making a gesture or a preparation intending, or knowing it to be likely that such gestures or preparations are with reference to the use of criminal force against the person.

*Assault is a term used in legal contexts to describe a physical attack or threat of violence against another person. 

*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.

• Assault :

     According to Section 351 of Indian Penal Code, 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.

Essential Ingredients -

1. Making any gesture or preparation by a person in the presence of another; and

2. Intention or Knowledge of Likelihood that such gesture or preparation will cause the person to apprehend that the person making it is about to use criminal force on him.

Example - 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.

• Criminal Force :

     As per the section 350 of IPC, whoever intentionally uses force to any person, without that person's consent,

 in order to be commitment of any offense,

   or intending by the use of such force to

   cause, or knowing it to be likely that

by the use of such force he will cause injury, fear or annoyance to the person

to whom the force is used is said to use criminal force to that other.

Essential ingredients -

1. they are must be an intentional use of force to any person.

2. such force must have been used without that person's consent.

3. It must have been used -

     (a) in order to committing of any offense,

           or

     (b) with the intention to cause injury, fear

           or annoyance to the person against

           whom it is used.

       

Punishment for assault or criminal force otherwise than on grave provocation :

      According to Section 352 of IPC 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.

The offense under Section 352 of the Indian Penal Code is non-cognizable, bailable, compoundable and triable by Magistrate.

       

Assault or criminal force to deter public servant from discharge of his duty :

       According to Section 353 of the Indian Penal Code,1860 whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant,

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

The offense under Section 353 is cognizable, bailable, non-compoundable and triable by any Magistrate.

     

Assault or criminal force to woman with intent to outrage her modesty :

      As per section 354 IPC, Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, 

shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine. 

The offense under Section 354 is Cognizable, Non-bailable and triable Any Magistrate.

     

Assault or use of criminal force to woman with intent to disrobe :

As per section 354B of IPC, Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked,

       shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

The offense under Section 354 is Cognizable, Non-bailable and triable by Any Magistrate.

     

• Important Cases :

Ram v. State of Rajasthan (2010)

In this case, the accused was alleged to have assaulted the complainant by hitting him with a stick. The court held that the act constituted a simple assault as it caused apprehension of harm. The accused was convicted under Section 351 of the IPC.

State of Tamil Nadu v. Saravanavel (2014)

In this case, the accused assaulted a police officer who was performing his duty of maintaining public order. The court held that the act constituted an offense under Section 353 of the IPC since it involved the assault on a public servant in the discharge of his duty.