Section 130 BNS: Assault
Section 130 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines assault. The offence is concerned with a gesture or preparation that causes a person present to apprehend that criminal force is about to be used against that person, where the required intention or knowledge exists.
Meaning of Assault under Section 130 BNS
A person commits assault when that person makes a gesture or preparation intending, or knowing it to be likely, that the gesture or preparation will cause a person present to apprehend that criminal force is about to be used against that person.
Essential Ingredients of Section 130
- there must be a gesture or preparation;
- the person affected must be present;
- the accused must intend, or know it to be likely, that the gesture or preparation will create the relevant apprehension; and
- the apprehension must be that the accused is about to use criminal force against that person.
Do Mere Words Amount to Assault?
The Explanation to Section 130 states that mere words do not amount to assault. However, words can give a gesture or preparation such a meaning that the gesture or preparation, taken together with those words, may amount to assault.
Statutory Illustrations
Illustration (a) - Shaking a fist: A shakes his fist at Z, intending or knowing it to be likely that Z will believe A is about to strike him. A commits assault.
Illustration (b) - Ferocious dog: A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that Z will believe A is about to cause the dog to attack him. A commits assault upon Z.
Illustration (c) - Stick and words: A takes up a stick and says to Z, "I will give you a beating". The words alone do not amount to assault, and the gesture by itself might not amount to assault, but the gesture as explained by the words may amount to assault.
Assault vs Criminal Force
| Section 129 - Criminal force | Requires intentional use of force without consent, together with the specified offence-related purpose, intention or knowledge concerning injury, fear or annoyance. |
|---|---|
| Section 130 - Assault | Focuses on a gesture or preparation that creates apprehension that criminal force is about to be used. Actual use of force is not part of the definition of assault itself. |
Related BNS Provisions
- Section 121 BNS - Hurt or grievous hurt to deter a public servant from duty
- Section 122 BNS - Hurt or grievous hurt on provocation
- Section 123 BNS - Causing hurt by poison, etc., with intent to commit an offence
- Section 124 BNS - Voluntarily causing grievous hurt by use of acid, etc.
- Section 125 BNS - Act endangering life or personal safety of others
- Section 126 BNS - Wrongful restraint
- Section 127 BNS - Wrongful confinement
- Section 128 BNS - Force
- Section 129 BNS - Criminal force
Official Legal Sources
For the authoritative statutory text and commencement information, refer to the official Government sources below.
This page provides general legal information. Whether conduct amounts to assault in a particular case depends on the facts, evidence, surrounding circumstances, applicable substantive offence, procedural law and judicial interpretation.