Indian Penal Code, 1860
Section 351
repealedAssault
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.
Why this exists
The law recognises that the fear of imminent violence can itself be harmful, even before any physical contact occurs. By defining assault as the threatening gesture or preparation itself, this section allows people to be held accountable for creating genuine fear of attack, separate from any actual use of force.
How courts read it
Courts have consistently held that actual physical contact is not necessary for assault; raising a weapon, clenching a fist while advancing, or similar threatening gestures that create a reasonable apprehension of imminent force are enough on their own.
Common misconceptions
- Myth: Assault means someone has actually been hit or physically hurt.
Fact: Under this definition, assault is the threatening gesture or preparation that creates fear of imminent force; actually striking someone falls under the separate concept of using criminal force.