Crime & Punishment
Assault
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Section 351 of the Penal Code defines assault as such: 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 preparations such a meaning as may make those gestures or preparations amount to an assault.
Illustration: 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.
Punishment: For assaulting to any person otherwise than on grave and sudden provocation given by that person- imprisonment of either description for 3 months or fine which may extend to five hundred taka or both. (Sec.352)
On grave and sudden provocation given by that person- Simple imprisonment for one month or fine of taka 200 or both. (Sec. 358)
Points that must be proved in order to convict a person of the offence of assault-
1. That the accused made a gesture or preparation to use criminal force.
2. That it was made in the presence of the complainant.
3. That he intended or knew that it was likely that such gesture etc. would cause the complainant to apprehend that such criminal force would be used.
4. That such gesture or preparation did cause the complainant to apprehend it.
5. That the accused received no grave and sudden provocation from the complainant.
Source: Penal Code by L. Kabir.
-Compiled by Law Desk.
