Section 351 IPC: Assault

Indian Penal Code, 1860

Section 351 IPC at a Glance

Section 351 IPC deals with assault. From 1 July 2024 it is replaced by Section 130 BNS.

Punishment

None. 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.

BNS Equivalent

Section 130 →

Section 351 IPC Bare Act Text

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.

Source: Section 351, Indian Penal Code, 1860

Section 351 IPC in Simple Words

Section 351 of the Indian Penal Code (IPC) defines assault. A person commits an assault when he makes any gesture or preparation, intending or knowing it to be likely that the gesture or preparation will cause any person present to apprehend that criminal force is about to be used against that person.

The Explanation provides that mere words do not amount to an assault, but words may give gestures or preparations a meaning that makes them amount to an assault. The section contains three Illustrations showing gestures and preparations that constitute assault.

Section 351 IPC is a definition and prescribes no punishment of its own.

Ingredients of Section 351 IPC

  • The making of any gesture or any preparation by the accused
  • 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
  • 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

Punishment Under Section 351 IPC

Imprisonment

None. 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.

Fine

None under Section 351 IPC. Fine is provided under the punishing provisions in Section 352 IPC and Section 355 to Section 358 IPC.

Section 351 IPC defines assault without prescribing a punishment of its own. Punishments for assault are prescribed in Section 352 IPC and Section 355 to Section 358 IPC.

Example of Section 351 IPC

In 2022 in Shimla, Gautam argued with his neighbour Chirag outside a post office over a boundary wall. While Chirag stood a few paces away, Gautam picked up a heavy iron rod from the ground, stepped toward Chirag, and shouted that he would strike Chirag's legs right then, intending to cause Chirag to apprehend that Gautam was about to use criminal force against him. Because Gautam made a preparation and gesture explained by words that caused a person present to apprehend imminent criminal force, Gautam committed an assault within the meaning of Section 351 IPC.

When Section 351 IPC Does Not Apply

  • Section 351 IPC does not apply when a person utters abusive or threatening words without making any accompanying gesture or preparation.
  • Section 351 IPC does not apply when the target of the gesture or preparation is not present at the scene to apprehend the immediate use of criminal force.
  • Section 351 IPC does not apply when a person makes a gesture or preparation without intending or knowing it to be likely to cause apprehension of imminent criminal force.
  • Section 351 IPC does not apply when the words accompanying a gesture show that no criminal force is about to be used at that time.

Section 351 IPC in the BNS

Section 351 IPC is now covered under Section 130 BNS.

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 detailed comparison (IPC 351 vs BNS 130) →

FAQs on Section 351 IPC

What does Section 351 IPC define as assault?▼

Section 351 IPC defines assault as making any gesture or preparation that is intended or known to be likely to cause a person present to apprehend that criminal force is about to be used against them.

Does Section 351 IPC prescribe any punishment for assault?▼

No. Section 351 IPC only provides the statutory definition. Penalties for assault are prescribed in substantive sections such as Section 352 IPC.

Can mere words alone constitute an assault under Section 351 IPC?▼

No. The Explanation to Section 351 IPC expressly clarifies that mere words do not amount to an assault, though spoken words may give meaning to accompanying gestures or preparations.

Under Section 351 IPC, does assault require actual physical contact with the person?▼

No. Assault is complete when the gesture or preparation is made intending or knowing it to be likely to cause a person present to apprehend that criminal force is about to be used; physical contact is not required.

Under Section 351 IPC, what is the relationship between assault and criminal force?▼

Assault under Section 351 IPC consists of gestures or preparations causing apprehension of imminent criminal force, whereas criminal force under Section 350 IPC requires actual intentional application of force.

Is Section 351 IPC cognizable or bailable?▼

Section 351 IPC has no entry in the First Schedule to the CrPC because it is a definition. The classification follows the substantive penal provision charged, such as Section 352 IPC.

Which court tries cases involving assault under Section 351 IPC?▼

Trial jurisdiction depends upon the substantive penal charge, such as Section 352 IPC, which is triable by any Magistrate.

What is the corresponding provision for Section 351 IPC in the Bharatiya Nyaya Sanhita?▼

Section 351 IPC corresponds to Section 130 BNS, where the definition, Explanation and three illustrative examples remain substantively identical.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·