Assault
Section 351 of the Indian Penal Code, 1860 deals with assault. 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. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 351, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 130 Assault Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nadeem Shakil Bhujwala vs State of Maharashtra
Court's Decision & Legal Precedent
Mere gestures, pointing of fingers, and abusive language directed at public servants, without evidence of actual criminal force or clear intention or knowledge that such conduct will cause apprehension of criminal force, do not constitute assault under Section 351 IPC or the offence under Section 353 IPC. To attract Section 353 IPC, there must be either actual use of criminal force or a clear preparation with requisite intention to cause apprehension of criminal force. Heated arguments and verbal altercations during the course of official duties, without more, do not establish the statutory offence.
On this section: Definition of 'assault' - requires making of gesture or preparation with intention or knowledge that it will cause apprehension of criminal force. Court applied this definition to analyze whether the accused's conduct met the statutory definition.
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Renjith vs State of Kerala
Court's Decision & Legal Precedent
Where the essential ingredients of an offence, namely assault or criminal force as defined in Sections 350 and 351 IPC, are not made out from the allegations in the charge sheet, and the prosecution case contains material factual discrepancies (such as misidentification of the vehicle type), the High Court may exercise its inherent power under Section 482 Cr.P.C. to quash the criminal proceedings as an abuse of the process of court, even if the case is pending in the lower court.
On this section: Definition of assault - applied to determine whether the accused made any gesture or preparation intending or knowing it to be likely that such gesture would cause apprehension of imminent use of criminal force
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The State of Maharashtra vs Amol Nanasaheb Jogdanda
Court's Decision & Legal Precedent
When the primary witness (complainant) in a criminal case admits to an out-of-court settlement with the accused and recants the allegations, and no other credible corroborating evidence is presented by the prosecution, the accused persons must be acquitted as the burden of proof on the prosecution to establish guilt beyond reasonable doubt has not been discharged. The court cannot convict based on mere allegations when the complainant himself contradicts the complaint and admits to amicable resolution of the dispute.
On this section: Definitions relating to criminal force - applied to determine nature of physical contact
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 351
What have the courts held on Section 351 of the Indian Penal Code?
Nadeem Shakil Bhujwala vs State of Maharashtra (08 Nov 2023) is the leading judgment on this section among those set out below: Definition of 'assault' - requires making of gesture or preparation with intention or knowledge that it will cause apprehension of criminal force. Court applied this definition to analyze whether the accused's conduct met the statutory definition. Another 2 judgments on this section are set out below. They run from 2021 to 2025.
How do I find court cases under Section 351 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 351, section 351 IPC, section 351 of the Indian Penal Code. People searching for it also type ipc 351(2) in hindi and ipc 351(3). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Nadeem Shakil Bhujwala vs State of Maharashtra (08 Nov 2023).
What should I read with Section 351 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 130 (Assault), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 351 of the Indian Penal Code come into force?
Section 351 of the Indian Penal Code, cited as IPC 351, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.