Indian criminal law | Updated 30 October 2026
IPC Section 351 Assault: Meaning, Examples and BNS Section 130
Assault under the former Indian Penal Code, 1860, is defined in Section 351. Its corresponding definition under the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 130. Assault can arise from a threatening gesture or preparation even without physical contact.
What is assault under IPC Section 351?
Section 351 IPC defines assault as making a gesture or preparation with the intention, or knowledge of the likelihood, that it will cause a person present to apprehend that the person making it is about to use criminal force against them.
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.
Statutory 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.
Thus, threatening words alone are not necessarily assault under this definition, but words may explain a gesture or preparation and establish its threatening meaning.
Current law: Section 130 BNS
Section 130 of the Bharatiya Nyaya Sanhita, 2023 defines assault in substantially the same terms as former Section 351 IPC. It concerns a gesture or preparation that creates apprehension of imminent criminal force in a person present, with the required intention or knowledge. Physical contact is not a necessary element of assault.
For the authoritative legislative text, consult the India Code official legislation portal and search for the Bharatiya Nyaya Sanhita, 2023, Section 130, and the Indian Penal Code, 1860, Section 351. The Ministry of Home Affairs publishes criminal-law implementation information.
Essential ingredients of assault
- Gesture or preparation: Some conduct indicating a possible imminent use of criminal force.
- Intention or knowledge: The accused intends, or knows it is likely, that the conduct will create the relevant apprehension.
- Person present: The gesture or preparation is directed toward a person present who is made to apprehend imminent criminal force.
- Apprehension of imminent criminal force: The conduct must relate to force about to be used, rather than merely a remote or general threat.
Three statutory illustrations under IPC Section 351
Illustration (a): Shaking a fist
A shakes his fist at Z, intending or knowing it likely that Z will believe A is about to strike him. 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 likely that Z will believe A is about to cause the dog to attack Z. A has committed an assault upon Z.
Illustration (c): Raising a stick with threatening words
A takes up a stick and says to Z, "I will give you a beating." The words alone do not amount to assault; however, they can give the gesture a meaning that makes it an assault.
Assault, force and criminal force: the difference
| Concept | Former IPC | BNS 2023 | Key distinction |
|---|---|---|---|
| Force | Section 349 | Section 128 | Defines causing motion, change or cessation of motion in specified ways |
| Criminal force | Section 350 | Section 129 | Intentional force without consent with the prescribed unlawful purpose or intent or knowledge |
| Assault | Section 351 | Section 130 | Threatening gesture or preparation creating apprehension of imminent criminal force |
Is assault punishable under Section 351 IPC or Section 130 BNS?
Neither IPC Section 351 nor BNS Section 130 independently prescribes a punishment: both are definitional provisions. Under the former IPC, Section 352 generally addressed punishment for assault or criminal force otherwise than on grave provocation. Under the BNS, Section 131 addresses the corresponding general punishment: imprisonment of either description up to three months, or a fine up to one thousand rupees, or both, subject to the statutory qualifications. More serious or specially motivated conduct may attract other provisions, depending on the facts.
Frequently asked questions
Can assault happen without touching a person?
Yes. A threatening gesture or preparation may constitute assault where the statutory requirements are satisfied, even without physical contact.
Are verbal threats alone assault?
Mere words do not amount to assault under this definition. However, words can give a gesture or preparation the meaning necessary to constitute assault. Separate criminal-intimidation provisions may also be relevant.
What is the BNS equivalent of IPC Section 351?
Section 130 BNS is the corresponding definition of assault. Section 351 BNS deals with criminal intimidation, a different subject.
What law applies to conduct before 1 July 2024?
The former IPC may remain relevant to acts committed before the BNS commencement, subject to the repeal, savings and applicable transitional provisions. The facts and date of the alleged act matter.
Official legal sources
Refer to the India Code repository for the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023. This article is general legal information and is not a substitute for advice on a specific case.