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Section 130 - The Bharatiya Nyaya Sanhita, 2023
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.
(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 Sections
- Section 315: Dishonest Misappropriation of property possessed by deceased person at the time of his death
- Section 211: Omission to give notice or information to public servant by person legally bound to give it
- Section 232: Threatening any person to give false evidence
- Section 119: Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
- Section 351: Criminal intimidation