BNS Section 130 — Assault
CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY — Of criminal force and assault
Criminal
Summary
A person commits an assault when they make any gesture or any preparation, intending or knowing it is likely that the gesture or preparation will cause another person who is present to believe that the person making the gesture or preparation is about to use criminal force against them.
The explanation clarifies that mere words alone do not amount to an assault. However, the words a person uses can give meaning to their gestures or preparations, and those words may turn the gestures or preparations into an assault.
Illustration (a) gives the example of a person shaking their fist at another, intending or knowing it is likely to make the other person believe they are about to be struck. This is an assault.
Illustration (b) gives the example of a person beginning to unloose the muzzle of a ferocious dog, intending or knowing it is likely to make another person believe the dog is about to be set on them. This is an assault.
Illustration (c) gives the example of a person taking up a stick and saying to another, I will give you a beating. The words alone could never amount to an assault, and the mere gesture by itself might not amount to an assault, but the gesture explained by the words can amount to an assault.
Official Text
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.
Related Provisions
assault
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)