Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 130: 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.
Brief Detail
BNS Section 130 defines assault as making any gesture or preparation with the intention or knowledge that it will likely make someone apprehend that criminal force is about to be used against them. While mere words alone do not constitute assault, gestures or preparations combined with words can amount to an assault.
Question & Answers
Q1: What does BNS Section 130 define as assault?
A1: BNS Section 130 defines assault as making any gesture or preparation with the intention or knowledge that it will likely make someone apprehend that criminal force is about to be used against them.
Q2: Does mere use of words constitute an assault under BNS Section 130?
A2: No, mere words do not constitute an assault. However, words combined with gestures or preparations may amount to an assault.
Q3: Can you provide an example of an assault under BNS Section 130?
A3: Yes, if a person shakes their fist at someone intending or knowing it will make the person believe they are about to be struck, it constitutes an assault. Similarly, if someone begins to unloose the muzzle of a ferocious dog with the intention of making the person believe the dog will attack, it is also an assault.
Q4: How do words relate to gestures or preparations in the context of assault?
A4: Words can give gestures or preparations a meaning that may make them amount to an assault if they lead the person to believe that criminal force is about to be used against them.
Example
Example Scenario:
If A shakes his fist at Z, knowing or intending that this action will cause Z to believe that A is about to strike him, A has committed an assault. Similarly, if A starts to unloose the muzzle of a ferocious dog with the intent of making Z believe the dog will attack him, it also constitutes assault.
Summary
BNS Section 130 describes assault as making gestures or preparations that cause someone to apprehend the imminent use of criminal force. Mere words do not amount to assault, but combined with gestures, they can. Examples include shaking a fist or loosening a dog's muzzle with the intent to intimidate.
