Law and You > Criminal Laws > Indian Penal Code > Criminal Force (S. 350)

When a gesture is made to any person, knowing that the person is going to apprehend it as the person is going to use criminal force on that person is known as assault. Mere words do not consist of an assault. But a person may use certain gestures and expressions or preparation, such gestures, expressions and preparations may amount to assault.

Defining Assault:

Section 351 IPC:

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.

To consider an act as assault under Section 351 of the IPC, it is necessary that a gesture or preparation should be made by the person who would cause another to apprehend that the person was about to use criminal force to him then and there and the preparation taken with the words, must cause him to apprehend that criminal force would be used to him if he persisted in the particular course of conduct and there would be no assault if he desisted from the that conduct. The illustration (a) of Section 351 talks about a circumstance for gesture. The illustration (b) of Section 351 talks about a circumstance for preparation. The illustration (c) of Section 351 explains a circumstance in which mere words amounts to an assault.

Ingredients of Assault (Section 351):

Essential ingredients of assault are:

1. The accused should make a gesture or preparation to use criminal force;
2. Such gesture or preparation should be made in the presence of the person in respect of whom it is made;
3. There should be intention or knowledge on the part of the accused that such gesture or preparation would cause apprehension in the mind of the victim that criminal force would be used against him; and
4. Such gesture or preparation has actually caused apprehension in the minds of the victim of use of criminal force against him.

Generally speaking, assault happens when someone causes harm to other person’s body which may be usually followed by battery, as this may include things like unlawful physical conduct, violence or unlawful sexual contact. Though, all threats are not considered assault. Also, to rise to the level of actionable offence, the plaintiff may file the suit:

• The act was intended to cause apprehension of harm or offensive contact;
• The act caused apprehension in the eyes of the victim that he would be harmed by the other person’s actions.

In Naziruddin v. Emperor, AIR 1933 All 609 case, the Allahabad High Court held that, a perusal of Section 351 shows that, the offence of assault can be committed only against a person and not against the public, even though it involves breach of peace.

While determining apprehension for the purpose of this offence the ability of the alleged accused is also an important factor. For example, if a person points a loaded gun and threatens, it will amount to an assault, since the accused have the ability to do so which will cause an apprehension in the mind of the victim. But when a person threatens to another with a toy gun, it will not amount to an assault, because of the inability of the accused to use force.

Similarly, the apprehension required for constituting the offence of assault must be an imminent one. For example, if a person threatens to another person by showing a knife, “I will kill you with this knife next week”, it does not amount to an assault because of the threat is not an imminent one. Thus, the apprehension of use of criminal force against the person should be in the present and immediate.

At the same time, if the preparation causes a reasonable apprehension in the mind of the person against whom it is directed, such preparation will amount to the offence of assault. Hence, mere preparation not amounting to an attempt will itself be an offence under Section 351.

Difference between Assault, Criminal Force and Hurt:

Under Section 350 IPC, when a person intentionally uses force on another person without that person’s consent, in order to commit an offence and with the prior intention of causing harm to that person in the form of injury, fear or annoyance to whom the force is used, is said to use criminal force on the other person. Whereas assault is when a gesture is made to any person, knowing that the person is going to apprehend it as the person is going to use criminal force on that person is known as assault and Under Section 319 IPC, whoever causes bodily pain, disease or infirmity to another person is known as hurt.

Punishment for Assault:

Section 352 IPC:

Punishment for Assault or Criminal Force otherwise than on Grave Provocation:

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.

Section 358:

Assault or Criminal Force on Grave Provocation:

Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
Explanation: The last section is subject to the same Explanation as section 352.

Distinction Between Assault and Criminal Force:

Assault	Criminal Force
It is the gesture or preparation to apprehend the victim that the offender will use criminal force.	It is intentional use of force to the victim without his consent.
It may not include criminal force.	It always includes assault.
It is something less than the use of criminal force, the force being cut short before the blow actually falls.	It is something more than the assault, the force is actually used criminally crossing the limit of gesture or preparation.
To shake one’s fist at a person is an assault.	To bring fist into contact with the force  to another itself is criminal force.

Distinction Between Assault and Affray:

Assault	Affray
According to Section 351 IPC, 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.	According to Section 159 IPC, when two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.
Assault is an offense against the Person of the Individual.	Affray is an offense against Public Tranquillity.
Assault may be Committed by one or more persons.	Affray may be Committed by two or more persons.
Assault can be Committed either in private or public place.	Affray can take place in a public place only
Punishment for committing assault is prescribed in Section 352 IPC. Assault is punishable with imprisonment up to 3 months or fine up to 500 or with both.	Punishment for committing affray is prescribed in Section 160 IPC. Affray is punishable with imprisonment of either description for one month or fine up to 100 or with both.

Distinction Between Assault and Battery:

Assault	Battery
Every assault does not include battery.	Every battery includes assault.  Battery is an aggravate form of assault.
For an Assault a mere apprehension of danger is sufficient.	For a battery there must be an actual application of physical force.
In assault, physical contact is not necessary	In battery, physical contact is necessary
An Assault is attempt of battery.	Battery is aggravated assault.
There is an element of fear in assault.	Since there is actual application of physical force in battery it is considered more serious than assault.
When a person shakes his fist at another standing by him, he is guilty of assault.	When a person shakes his fist and strikes another, he is guilty for using criminal force or battery.

Aggravated Forms of Assault or Criminal Force:

Section 353 IPC:

Assault or Criminal Force to Deter Public Servant from Discharge of His Duty:

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 80 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.

Ingredients of Section 353 IPC:

1. There must be assault or use of criminal force
2. Such assault or use of criminal force must have been made on a public servant
3. It must have been on a public servant:

A public servant is often exposed to considerable risks in the discharge of his official duties, and therefore law provides a special protection by prescribing especially deterrent sentences to those who offend against the majesty of law, of which he is a minister.

If the acts of the public servant were not in accordance with his official duty, offence does not fall under Section 353 but may fall under Section 352. Unlawful act of public servant is a good defence for this Section.

In Fazal Nabi v. State, 1952 Cr LJ 217 case, the Court held that in case it is doubtful whether the person in question is a public servant or not within the meaning of Section 21 IPC, the accused should be given the benefit of doubt, however conviction can be given under Section 352.

In Bhim Singh v. State of J & K, (1985) 4 SCC 677 case, the Court held that it is essential for a conviction under this Section that the public servant was at the time of assault exercising his duty as public servant.

In Dhannalal v. State, AIR 1951 MB 42 case, the Court held that an officer exercising his official duties grossly, illegally and in an outrageous manner, cannot be deemed to be a public servant in the execution of his duty.

In State of Himachal Pradesh v. Durga, 1980 Cr LJ NOC 10(HP) case, the Court held that resistance to a public officer who attempted to search a house, in the absence of a proper written order authorizing him to do so will not amount to an offence under Section 353.

The offence under Section 353 is cognizable, bailable, non-compoundable and triable by any magistrate. Punishment includes imprisonment up to two years, or fine or both.

Section 354, 354 A, B, C, D IPC:

Sections 354, 354 A, B, C, and D deals with different forms of assaults on woman. These are discussed in the article on the topic.

Section 355 IPC:

Assault or Criminal Force with Intent to Dishonour Person, otherwise than on Grave Provocation.

Whoever assaults or uses criminal force to any person, intending thereby to dishonour that 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 two years, or with fine, or with both.

Ingredients of Section 355 IPC:

1. There must be an assault or use of criminal force.
2. There must be an intention to dishonour the person assaulted or against whom the criminal force was used
3. The said assault or use of criminal force must have committed otherwise than on grave and sudden provocation.

In Kalipada Ghosh v. State of Bihar, 1978BLJ 824 case, the Court held that the intention to dishonour the person assaulted or whom the criminal force shown is an essential ingredient of the offence.

The offence of assault or use of criminal force to dishonour another person under Section 355 is non-cognizable, bailable, compoundable and triable by any Magistrate. Punishment includes imprisonment up to two years, or fine or both.

Section 356 IPC:

Assault or Criminal Force in Attempt to Commit Theft of Property Carried by a Person:

Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

This Section deals with attempts of theft of property carried on one’s person such as generally, watch, ring or money purses usually in crowded places. It is also directed against pick pockets

Ingredients of Section 355 IPC:

1. There must be an assault or use of criminal force to another person
2. The other person must wear or carry the property
3. The accused must attempt to steal such property.

This offence is cognizable, bailable, non-compoundable and triable by any Magistrate. Punishment includes imprisonment up to two years, or fine or both.

Section 357 IPC:

Assault or Criminal Force in Attempt Wrongfully to Confine a Person:

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

The object of this Section is to punish assault or criminal force in attempting wrongfully to confine a person. According to Section 340 IPC, whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person. This Section does not apply to cases when assault is made or criminal force is used to a person who is already in confinement.

Ingredients of Section 357 IPC:

1. There must be an assault or use of criminal force to another person
2. The said assault or criminal force was done so in attempting to wrongfully confining the person who is assaulted or against whom the force is used.

This offence is cognizable, bailable, compoundable by the person assaulted or to whom the force was used with the permission of the court and triable by any Magistrate. Punishment includes imprisonment up to one year, or fine of 1000 rupees or both.

Section 358 IPC:

Assault or Criminal Force on Grave Provocation:

Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

Explanation: The last section is subject to the same Explanation as section 352.

The Section 358 punishes assault or use of criminal force on grave and sudden provocation as against Section 352 of IPC. The test of “grave and sudden” provocation is whether a reasonable man, belonging to the same class of society as the accused, placed in the situation in which the accused was placed would be so provoked as to lose his self-control.

In Venkatesan v. State of Tamil Nadu, (1997) 3 Crimes 146 (Mad) case, the Court held that sometimes the words and gestures may also cause grave and sudden provocation to an accused.

This offence is non-cognizable, bailable, compoundable by the person assaulted or to whom the force was used with the permission of the court and triable by any Magistrate. Punishment includes simple imprisonment for one month or fine of 200 rupees or both.

Conclusion:

the Code explains about the offence of “Use of Criminal Force” and “Assault” under Sections 350 & 351. Assault is basically the apprehension that the other person is going to get hurt. It is done to another person with the use of criminal force with the ill will to harm the other person. Further IPC categorizes the offences of “Use of Criminal Force” and “Assault” into different aggravated forms on the basis of involvement of certain special circumstances. Any person who assaults any other person by using criminal force, he may be punished or fined, or both, according to the Indian Penal Code. 

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