BNS 130 — Assault.

Bharatiya Nyaya Sanhita, 2023

Statutory text

130. 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.
Illustrations.
(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.
Punishment for assault or criminal force otherwise than on grave
provocation.

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