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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.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
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. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 130 of the Bharatiya Nyaya Sanhita (BNS)
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