Report No. 42
140. Amendment of section 356.-
For sections 349 to 355 of the Code, the following sections shall be substituted, namely.-
"350. Assault.- A person is said to assault another when he, without that person's consent.-
(a) applies force, directly or indirectly, to that person in order to the committing of an offence, or intending or knowing it to be likely that he will thereby cause injury fear or annoyance to that person, or
(b) threatens, by any gesture or preparatory act, to apply such force as aforesaid to that person, intending or knowing it to be likely that the gesture or act will cause him to apprehend that such force is about to be applied.
Explanation.-Mere words do not amount to an assault; but the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault.
Illustrations
(a) Z is sitting in a moored boat, on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A has indirectly applied force to Z.
(b) Z is riding in a horse-carriage. A lashes the horses, and thereby causes them to quicken their pace. Here A has indirectly applied force to Z.
(c) A pulls up a woman's veil without her consent, intending or knowing it to be likely that he will thereby frighten or annoy her. He has assaulted her.
(d) A incites a dog to spring upon Z, without Z's con sent. Here, A has applied force to Z and if he intends to cause injury, fear or annoyance to Z, he has assaulted Z.
(e) A begins to unloose the muzzle of his 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 assaulted Z.
(f) 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 assaulted Z.
(g) 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.
351. Punishment for assault.- (1) Whoever assaults any person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
(b) Whoever assaults any person on grave and sudden provocation given by that person shall be punished with fine not exceeding five hundred rupees.
(3) Grave and sudden provocation will not mitigate the punishment for assault if the provocatio.-
(a) is sought or voluntarily provoked by the offender as an excuse for the offence, or
(b) is given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant, or
(c) is given by anything done in the lawful exercise of the right of private defence.
352. Assault to deter public servant from discharge of his duty.- Whoever assaults any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequent of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
353. Assault on woman with intent to outrage her modesty.- Whoever assaults any woman, intending to outrage or knowing it to be likely that he will thereby outrage, her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
354. Indecent assault on a minor.- Whoever assaults any minor under sixteen years of age in an indecent, lascivious or obscene manner, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
355. Assault with intent to dishonour a person, otherwise than on grave provocation.- Whoever assaults any person intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
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