Source: Punjab and Haryana High Court

Why in News?

Recently, the Punjab and Haryana High Court in the matter of Harinder Pal Singh @ Hinda v. State of Punjab & Anr., has summoned the ADGP (Prison) as well as the Deputy Inspector General of Prisons as false affidavit has been filed denying the incident of assault on jail inmate.

What was the Background of Harinder Pal Singh @ Hinda v. State of Punjab & Anr. Case?

• In this case, Harinder Pal Singh, who was serving a life sentence in a murder case, was beaten mercilessly by jail officials and a private individual in civilian clothing.
• The prison authorities filed a false affidavit wherein it stated that an inmate was neither beaten nor he suffered any injury.
• Thereafter, a plea was filed before the High Court for judicial enquiry into alleged mental and physical torture against the prisoner by Central Jail, Hoshiarpur, Punjab.
• The Court sought a reply to an affidavit by the ADGP (Prisons) and it further directed to preserve all the CCTV footage.
• The Court directed the ADGP (Prisons), Punjab, Chandigarh as well as Deputy Inspector General of Prisons, Amritsar to remain present in the Court on the next date of hearing.

What were the Court’s Observations?

• Justice N.S Shekhawat reprimanded the prison authorities for filing a prima facie false affidavit before the Court, wherein it stated that an inmate was neither beaten nor he suffered any injury.
• The Court also noted that during the proceeding when the CCTV footage was played by the counsel for the inmate, it is apparent that some person was being beaten up by the jail officials inside the jail.

What is Assault?

• About:
  • Section 351 of the Indian Penal Code, 1860 (IPC) deals with the offence of assault. It states that 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.
• Essential Ingredients for Assault:
  • The Prosecution must establish the following two ingredients to prosecute a person for assault -
    • Making any gesture or preparation by a person in the presence of another; and
    • 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 to him.
• Punishment for Assault:
  • As per Section 352 of IPC whoever assaults 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.