What is Section 351 IPC? Assault
Published on: Lawiz Team
Learn about Section 351 IPC: Assault
Official Legal 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.
What This IPC Section Means – Explained in Simple Words
Section 351 defines 'assault' as making any gesture, preparation, or use of criminal force with the intent or knowledge of causing apprehension of harm in another person.
Purpose
To protect individuals from being threatened, intimidated, or put in fear of harm by another's actions or gestures.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable (This section defines 'Assault').
Key Elements
1. There must be a gesture, preparation, or use of criminal force. 2. The action must cause fear or apprehension of harm in another person. 3. The intent must be to cause such fear or knowledge that it is likely to cause fear.
Illustrative Example
If a person raises their hand as if to hit another, causing fear in the victim, it is assault under Section 351.
Legal Defenses
If the gesture or action is done in jest without intent to cause fear, it is not considered assault.
Difference from Criminal Force
Assault is an act of causing fear without actual physical contact, while criminal force involves physical contact.
Related Sections
Related to Section 349 (Force) and Section 350 (Criminal force).
FAQs
What is the legal meaning of Assault under Section 351 IPC?
Assault means creating an apprehension of criminal force without actually applying it.
What punishment does Section 351 IPC prescribe?
Section 351 IPC itself defines assault; punishment depends under related sections.
Is assault under Section 351 IPC a cognizable offence?
Simple assault is generally a non-cognizable and bailable offence.
Can you give an example of assault under Section 351 IPC?
Raising a hand to strike someone or brandishing a weapon in a threatening manner without striking.
How to file a complaint under Section 351 IPC?
File an FIR at the nearest police station describing the act causing apprehension.
Which court handles cases under Section 351 IPC?
Handled by Magistrate courts depending on the seriousness of the case.
What are the possible defences against Section 351 IPC charge?
Absence of intent to cause fear or lawful justification are valid defences.