Section 130 BNS: Assault
Bharatiya Nyaya Sanhita, 2023
Section 130 BNS at a Glance
Section 130 BNS deals with assault. It replaced Section 351 IPC on 1 July 2024.
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.
Section 130 BNS Bare Act Text
130. 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.
ExplanationMere 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.
Source: Section 130, Bharatiya Nyaya Sanhita, 2023
Section 130 BNS in Simple Words
Section 130 of the Bharatiya Nyaya Sanhita (BNS) defines assault. A person commits an assault when they make any gesture or preparation intending or knowing it to be likely that the gesture or preparation will cause any person present to fear that criminal force is about to be used against them. Unlike criminal force, assault does not require physical contact; it focuses on creating an immediate apprehension of unlawful force.
The Explanation to Section 130 BNS clarifies that mere words by themselves do not amount to an assault. However, the words a person uses at the time can give a threatening meaning to their gestures or preparations so that the combined conduct amounts to an assault, such as raising a stick while threatening to beat someone.
Because Section 130 BNS is a definition section, it does not prescribe a punishment on its own. Punishment for assault is provided under Section 131 to Section 136 BNS depending on the circumstances of the act.
Ingredients of Section 130 BNS
- Making any gesture or preparation in the presence of another person
- 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
Punishment Under Section 130 BNS
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.
None under Section 130 BNS. Fine is provided under the punishing provisions in Section 131 to Section 136 BNS.
Section 130 BNS defines assault without prescribing a punishment of its own. Punishments for assault are prescribed in Section 131 to Section 136 BNS.
Example of Section 130 BNS
When Section 130 BNS Does Not Apply
- Mere words or verbal threats alone without any gesture or preparation, which the Explanation expressly excludes from amounting to an assault
- A gesture or preparation made when the person is not present to apprehend that criminal force is about to be used
- The gesture or preparation was made without intending or knowing it to be likely that it would cause apprehension of criminal force being about to be used
Section 130 BNS in the IPC (Previous Law)
Section 130 BNS replaces Section 351 IPC from the old criminal code.
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.
View IPC Section 351 →FAQs on Section 130 BNS
What counts as assault under Section 130 BNS?▼
Assault under Section 130 BNS means making a gesture or preparation that is intended, or is likely, to make a person present fear that criminal force is about to be used against them. It is about creating that immediate apprehension. The section itself gives examples like shaking a fist or preparing to let a ferocious dog attack someone.
Are words alone enough to make out assault under Section 130 BNS?▼
No. Section 130 BNS clearly says mere words do not amount to assault. But words can explain a gesture or preparation and give it a threatening meaning, so the combined act may still amount to assault.
What has to be proved for assault under Section 130 BNS?▼
It must be shown that the person made a gesture or preparation, and intended or knew it was likely to make the other person present fear that criminal force was about to be used. The fear must relate to an immediate threat, not just a vague insult. The section focuses on the effect of the act and the intention or knowledge behind it.
What punishment is given for assault under Section 130 BNS?▼
Section 130 BNS only defines what assault is and does not state a punishment in this section. Punishment depends on the specific provision under Section 131 to Section 136 BNS that applies to the offence.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·