BNS Section 130: Assault
Section 130 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of assault, outlining the legal framework for actions that create a fear of imminent harm in another person through gestures or preparations.
Definition of BNS Section 130
Section 130 of the BNS 2023 States:
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 and Illustration of BNS Section 130
Explanation: Words alone do not constitute an assault. However, the words a person uses can give meaning to their gestures or actions in such a way that those gestures or actions may be considered an assault.
Illustrations:
(a) A shakes his fist at Z, intending or knowing that it is likely to make Z believe A is about to strike him. In this case, A has committed an assault.
(b) A starts to unfasten the muzzle of a fierce dog, intending or knowing that this could lead Z to believe A is about to let the dog attack him. A has committed an assault on Z.
(c) A picks up a stick and tells Z, 'I will give you a beating.' Although the words alone wouldn’t normally amount to an assault, and the gesture without further context might not be an assault, the combination of the words and gesture may result in an assault.
Key Points in Section 130
- Section 130 defines an assault based on the intent or likelihood of causing fear of criminal force
- The combination of words and gestures can lead to reasonable fear of imminent harm, making it an assault
- The Intent or Knowledge of the person making the gesture plays a major role. They must know or intend that it will likely make the other person believe they are about to be attacked
- As per section 130 the key element is the apprehension or fear of impending criminal force, even if no actual force is applied .
Differences Between Section 130 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 130 of BNS and its equivalent IPC section 351 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 130 | Assault. | 351 | No change. |
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FAQs about Section 130 of the Bharatiya Nyaya Sanhita (BNS)
What type of gestures are considered assault under Section 130?
Gestures that suggest an immediate threat, such as shaking a fist, raising a weapon, or preparing to unleash an animal in a threatening manner, can be considered assault if they lead to a reasonable fear of harm in another person.
Can a person be charged with assault if they only intended to frighten someone?
Yes, if a person’s gestures or preparations were intended to cause fear of harm, they can be charged with assault under Section 130, even if the intended harm was never carried out.
Does Section 130 apply to threats made through body language?
Yes, Section 130 applies to threats conveyed through body language, such as aggressive postures, facial expressions, or movements, if they create a reasonable fear in the victim that harm is imminent.
What role do circumstances play in interpreting assault under Section 130?
The circumstances surrounding the gesture or preparation play a significant role in determining whether an assault has occurred under Section 130. The context can influence whether the victim reasonably feared imminent harm.
Can a person be acquitted under Section 130 if the fear was unreasonable?
Yes, if the victim's fear was unreasonable and not based on the actions or gestures of the accused, the accused may be acquitted under Section 130, as the section focuses on reasonable apprehension of harm.
How does Section 130 protect individuals from psychological harm?
Section 130 protects individuals from the psychological distress of fearing imminent harm. By criminalizing actions that create such fear, it safeguards mental and emotional well-being, not just physical safety.
What defenses are available under Section 130 of the BNS?
Possible defenses under Section 130 may include arguing that no reasonable fear was created, the accused did not intend to cause fear, or that the gestures or actions were misinterpreted. The context and intent behind the action are critical in such cases.
