Section 351 IPC: Assault

Section 351 of the Indian Penal Code, 1860 defined assault. The offence focused on a gesture or preparation that causes a person present to apprehend that the person making it is about to use criminal force against him or her.

Legal position covered: This article explains Section 351 IPC under the law applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is intended for understanding the IPC provision and matters governed by the earlier law.

Definition of Assault under Section 351 IPC

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.

Essential Ingredients of Assault under Section 351 IPC

Ingredient	Meaning
Gesture or preparation	There must be a gesture or preparation by the accused. The statutory definition is concerned with conduct capable of conveying an impending use of criminal force.
Intention or knowledge	The person must intend, or know it to be likely, that the gesture or preparation will produce the apprehension described by the section.
Person present	The apprehension contemplated by Section 351 must be caused to a person present.
Apprehension of imminent criminal force	The gesture or preparation must cause apprehension that the person making it is about to use criminal force against the person concerned.

Meaning of "About to Use Criminal Force"

Section 351 was linked directly with the IPC concept of criminal force. Section 350 IPC defined criminal force, while Section 349 IPC explained the underlying concept of force. Assault under Section 351 concerned apprehension of an impending use of criminal force rather than requiring that criminal force must already have been applied.

Do Mere Words Amount to Assault?

No. The Explanation to Section 351 expressly stated that mere words do not amount to assault. However, words can give a gesture or preparation a meaning that causes it to amount to assault. The words and accompanying conduct therefore have to be considered together where the statutory Explanation applies.

Statutory Illustrations to Section 351 IPC

Illustration (a) - Shaking a fist: 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.

Illustration (b) - Unmuzzling a ferocious dog: 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.

Illustration (c) - Taking up a stick with accompanying words: A takes up a stick, saying to Z, "I will give you a beating". Although the words alone could not amount to an assault, and the gesture alone without other circumstances might not amount to assault, the gesture explained by the words may amount to an assault.

Assault and Criminal Force: Difference under the IPC

Sections 350 and 351 addressed related but distinct concepts. Criminal force under Section 350 required intentional use of force without consent together with the specified purpose, intention or knowledge. Assault under Section 351 could be complete at the stage of a gesture or preparation causing the required apprehension that criminal force was about to be used. Actual application of force was therefore not an express ingredient of the Section 351 definition.

Punishment for Assault or Criminal Force

Section 351 primarily supplied the definition of assault. Punishment for assault or use of criminal force otherwise than on grave provocation was dealt with in Section 352 IPC. Other IPC provisions prescribed consequences for assault or criminal force committed in specified circumstances.

Related IPC Provisions

The statutory scheme should be read with Section 349 - Force, Section 350 - Criminal force, Section 352 - Punishment for assault or criminal force, and the provisions concerning Sections 353 to 358 IPC.

Frequently Asked Questions

What was assault under Section 351 IPC?

Assault consisted of a gesture or preparation made with the required intention or knowledge which caused a person present to apprehend that the maker was about to use criminal force against that person.

Was physical contact necessary for assault under Section 351?

The definition did not require actual physical contact. It dealt with a gesture or preparation producing apprehension of an impending use of criminal force.

Did threatening words alone constitute assault?

The statutory Explanation said that mere words did not amount to assault. Words could, however, give a gesture or preparation such a meaning that the gesture or preparation amounted to assault.

What is an example of assault without physical contact?

The IPC illustration of shaking a fist at another person, with the requisite intention or knowledge that the act may cause the person to believe that a blow is about to be struck, is a direct statutory example.

Which law succeeded the IPC?

The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the commencement exception notified for Section 106(2). This article deliberately explains the IPC position before that transition.