Indian Penal Code,1860

Act No : 45

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Section : Assault.

351. Assault.--Whoever makes any gesture, or any preparationintending or knowing it to be likely that such gesture or preparationwill cause any person present to apprehend that he who makes thatgesture 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 thewords which a person uses may give to his gestures or preparation sucha meaning as may make those gestures or preparations amount to anassault. Illustrations (a) A shakes his fist at Z, intending or knowing it to be likelythat he may thereby cause Z to believe that A is about to strike Z. Ahas committed an assault. (b) A begins to unloose the muzzle of a ferocious dog, intendingor knowing it to be likely that he may thereby cause Z to believe thathe is about to cause the dog to attack Z. A has committed an assaultupon 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 anassault, and though the mere gesture, unaccompanied by any othercircumstances, might not amount to an assault,the gesture explained bythe words may amount to an assault.

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