Introduction 

• 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. 
• Section 351 of the Indian Penal Code, 1860 (IPC) deals with the offence of assault. 
• 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. 
• To constitute assault, it is not necessary that there should be some actual hurt caused. 

Definition under IPC 

• Section 351 of IPC define assault as: 
  • 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. 

Elements of Assault 

To establish an offence of assault, the following elements must be proven: 

• Making Any Gesture or Preparation  
  • The apprehension of the use of criminal force must be from the person making the gesture or preparation. 
• Intention or Knowledge  
  • The gist of this offence is the intention or knowledge that the gesture or preparation made by the accused would cause such effect upon the mind of another that he would apprehend that criminal force was about to be used against him.  

Punishment for Assault

• Section 352 of IPC deals with the punishment for assault. 
• Whoever assaults any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.  

Types of Assault 

• Assault or Criminal force to deter public servant from discharge of his duty: (Section 353) 
  • Whoever assaults any public servant in the execution of his duty or with the intent to prevent, or deter that person from discharging his duty, the person shall be punished with imprisonment for a term which may extend to two years or fine or with both.  
• Assault or Criminal force to woman with intent to outrage her modesty: (Section 354) 
  • Whoever assaults any woman intending to outrage her modesty, the person shall be punished with imprisonment for a term which shall not be less than one year which may extend to five years and shall also be liable to fine. 
• Assault or use of Criminal force to woman with intent to disrobe: (Section 354-B) 
  • Any man who assaults any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of the term of 3 years minimum which may extend to seven years and shall also be liable to fine. 
• Assault or Criminal force with intent to dishonour person otherwise than on grave provocation: (Section 355) 
  • Whoever assaults any person intending to dishonour that person otherwise than on grave and sudden provocation given by that person, the person shall be punished with imprisonment for a term which may extend to two years or with fine, or with both. 
• Assault or Criminal force in attempt to commit theft of property carried by a person: (Section 356) 
  • Whoever assaults any person in attempting to commit theft of any property which that person is wearing or carrying, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. 
• Assault or Criminal force in attempt wrongfully to confine a person: (Section 357) 
  • Whoever assaults any person, in attempting wrongfully to confine that person, that person shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 
• Assault or Criminal force on grave provocation: (Section 358) 
  • Whoever assaults 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. 

Case laws 

• Rupabati v. Shyama (1958): 
  The Court held that, causing of some actual hurt is not necessary for constituting assault, mere threat may constitute assault. 
• Padarath Tewari vs Dulhin Tapesha Kueri (1932): 
  The Court held that, a medical examination of a women without her consent constitutes the offence of assault. 

Conclusion 

Assault, as defined under the IPC, encompasses a range of actions that create apprehension of criminal force. Through judicial interpretations, the understanding of assault has evolved, offering better protection and justice for victims. Understanding the legal framework surrounding assault is crucial for both legal professionals and the general public to ensure the enforcement of rights and prevention of such offences.