Assault
AI Assist
Summary
A person commits an assault by making a threatening gesture or preparing an act that they intend or know is likely to make someone present fear immediate use of criminal force. Mere words alone are not assault, but words can give a gesture a threatening meaning. If the victim reasonably apprehends imminent force, the actor is criminally liable for assault.
Example
Ravi raises his fist at Priya outside a shop so that she believes he is about to hit her. Even without touching her, Ravi has committed an assault because his gesture would cause Priya to apprehend imminent criminal force.
Bare Act
Enacted textWhoever 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.
Explanations
(1) 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
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(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.
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(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.
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(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.
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