Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Assault (S. 130, 131 and 136 BNS)
Unlike offences involving physical harm, assault primarily concerns the apprehension of the use of criminal force, rather than actual physical contact. It focuses on situations where a person, through gestures, preparation, or threats, creates a reasonable fear in the mind of another that force is about to be used against them. The law recognizes that even the threat of harm can seriously affect an individual’s sense of security and dignity. Therefore, provisions relating to assault aim to prevent not only physical violence but also actions that instill fear or intimidation. By distinguishing assault from criminal force, the Bharatiya Nyaya Sanhita, 2023 (BNS) ensures a comprehensive framework to deal with varying degrees of interference with personal liberty. This article examines the meaning, essential elements, and legal scope of assault under the BNS, highlighting its role in protecting individuals from both physical and psychological harm.
Defining Assault:
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.
To consider an act as assault under Section 130 BNS, 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 130 BNS talks about a circumstance for gesture. The illustration (b) of Section 130 BNS talks about a circumstance for preparation. The illustration (c) of Section 130 BNS explains a circumstance in which mere words amounts to an assault.
Ingredients of Assault (Section 130 BNS):
Essential ingredients of assault are:
- The accused should make a gesture or preparation to use criminal force;
- Such gesture or preparation should be made in the presence of the person in respect of whom it is made;
- 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
- 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 IPC (S. 130 BNS) 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 130 BNS.
Punishment for Assault or Criminal Force Otherwise than on Grave Provocation
Section 131 BNS:
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 one thousand rupees, or with both.
Explanation 1:
Grave and sudden provocation will not mitigate the punishment for an offence under this section,—
(a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or
(b) if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant; or
(c) if the provocation is given by anything done in the lawful exercise of the right of private defence.
Explanation 2:
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact
Punishment for Offence of Criminal Force Otherwise than on Grave Provocation:
Imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Nature of Offence:
The offence is Non-cognizable, Bailable, triable any Magistrate.
Punishment for Assault or Criminal Force on Grave Provocation:
Section 136 BNS:
Punishment for 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 one thousand rupees, or with both.
Explanation:
This section is subject to the same Explanation as section 131. Of kidnapping, abduction, slavery and forced labour
Punishment for Offence of Criminal Force on Grave Provocation:
Simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Nature of Offence:
The offence is Non-cognizable, Bailable, triable any Magistrate.
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”. |
| It is an offense against the Person of the Individual. | Affray is an offense against Public Tranquillity. |
| It may be Committed by one or more persons. | Affray may be Committed by two or more persons. |
| It 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 Sections 131 and 136 BNS | Punishment for committing affray is prescribed in Section 194(2) BNS. |
Distinction Between Assault and Battery:
| Assault | Battery |
| Every assault does not include battery. | Every battery includes assault. Battery is an aggravate form of assault. |
| In this offence a mere apprehension of danger is sufficient. | For a battery there must be an actual application of physical force. |
| In this offence, physical contact is not necessary | In battery, physical contact is necessary |
| It is attempt of battery. | Battery is aggravated assault. |
| There is an element of fear. | Since there is actual application of physical force in battery it is considered more serious than assault. |
| Example: When a person shakes his fist at another standing by him, he is guilty of assault. | Example: When a person shakes his fist and strikes another, he is guilty for using criminal force or battery. |
Conclusion:
By clearly defining offenses and aligning punishments with the gravity of harm caused, the BNS aims to ensure both accountability and deterrence. However, the effectiveness of these provisions ultimately depends on their fair implementation, public awareness, and judicial consistency. As society evolves, so too must the interpretation and enforcement of laws addressing assault, ensuring that they protect individual dignity while upholding the principles of justice and equity.
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