IPC 351→BNS 130

IPC 351 to BNS 130: Assault

Section 351 IPC (1860) replaced by Section 130 BNS (2023)

View IPC Section 351 →View BNS Section 130 →

IPC 351 to BNS 130 at a Glance

Section 351 IPC (Assault) is now Section 130 BNS, in force from 1 July 2024. Only the section number changed.

What Changed From IPC 351 to BNS 130?

Section 351 IPC corresponds to Section 130 BNS. The definition of assault, the Explanation regarding words, and all three statutory Illustrations are reproduced in Section 130 BNS without substantive change.

IPC 351 vs BNS 130: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section351130
OffenceAssaultSame
PunishmentNone. Section 351 IPC is a definition and prescribes no sentence of imprisonment. Assault is punished under Section 352 IPC, or under Section 355 to Section 358 IPC depending on the circumstances.None. Section 130 BNS is a definition and prescribes no sentence of imprisonment. Assault is punished under Section 131 to Section 136 BNS depending on the circumstances.
FineNone under Section 351 IPC. Fine is provided under the punishing provisions in Section 352 IPC and Section 355 to Section 358 IPC.None under Section 130 BNS. Fine is provided under the punishing provisions in Section 131 to Section 136 BNS.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 351 and BNS 130: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 351, IPC 1860

351. 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. 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.
BNS 2023 (in force)

Section 130, BNS 2023

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.

Ingredients: IPC 351 vs BNS 130

Under IPC 351
  1. The making of any gesture or any preparation by the accused
  2. The accused intends or knows it to be likely that the gesture or preparation will cause any person present to apprehend that he who makes it is about to use criminal force to that person
  3. Mere words do not amount to an assault, but words used by a person may give to his gestures or preparation such a meaning as makes them amount to an assault
Under BNS 130
  1. Making any gesture or preparation in the presence of another person
  2. Intending or knowing it to be likely that such gesture or preparation will cause that person to apprehend that criminal force is about to be used, under Section 130 BNS

What IPC 351 to BNS 130 Means for Pending Cases

For Section 351 IPC (now Section 130 BNS): under Section 130 BNS, the definition of assault is unchanged. A charge for an act done after the BNS came into force cites Section 130 BNS and is framed on the same elements as before.

FAQs: IPC 351 to BNS 130

What changed from Section 351 IPC to Section 130 BNS?▼

The legal definition of assault is unchanged. Section 130 BNS preserves the text, Explanation and all three Illustrations of Section 351 IPC in substance.

Where is Section 351 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 351 IPC is codified as Section 130 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of criminal force and assault.

Does Section 351 IPC or Section 130 BNS apply to an act done before 1 July 2024?▼

Section 351 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 351 IPC. Section 130 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·