“ASSAULT AND IT’S PUNISHMENT”

A research paper submitted in partial fullfilment of the course for the requirement of the
degree BA.LLB (Hons) for the academic session 2019-20

CRIMINAL LAW I

SUBMITTED BY-
KUMARI DIKSHA CHANDRA
ROLL-1930
SUBMITTED TO-
DR.FR.PETER LADIS F
AUGUST 2019

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR

PATNA-800

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 DECLARATION BY THE CANDIDATE
I hereby declare that the work reported in the B.A., LL.B (Hons.) Project Report entitled
“ASSAULT AND ITS PUNISHMENT” submitted at Chanakya National Law University is
an authentic record of my work carried out under the supervision of Dr. FR.PETER . I have
not submitted this work elsewhere for any other degree or diploma. I am fully responsible for
the contents of my Project Report.

SIGNATURE OF CANDIDATE

NAME OF CANDIDATE: KUMARI DIKSHA CHANDRA

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA.

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 ACKNOWLEDGEMENT

I would like to thank my faculty Dr.FR.PETER. Whose guidance helped me a lot with
structuring my project.

I owe the present accomplishment of my project to my friends, who helped me immensely

with materials throughout the project and without whom I couldn’t have completed it in the
present way.

THANK YOU,

NAME: KUMARI DIKSHA CHANDRA

COURSE: B.A., LL.B. (Hons.)

ROLL NO: 1930

SEMESTER – 3rd

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INDEX

1. Assault : Definition And meaning

2. Assault and its Types
3. Punishment for Assault
4. Assault a Judicial overview
5. Conclusion and Suggession

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ASSAULT: DEFINITION AND MEANING
Section -351 talks about 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
The Indian Penal Code covers the punishments and types of assault in Chapter 16, sections 351
through 358.
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.
Assault is in Indian criminal law an attempt to use criminal force (with criminal force being described
in s.350). The attempt itself has been made an offence in India, as in other states.
Section-350 Criminal force.—Whoever intentionally uses force to any person, without that person's
consent,in order to the committing of any offence, or intending by the use of such force to cause, or
knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the
person to whom the force is used, is said to use criminal force to that other.

Ingredients of Assault -The essential ingredients of the offence under Section 351 are as follows :

(1) A gesture or preparation to use criminal force;

(2) Such gesture or preparation excited a reasonable apprehension that he intends immediately to offer
violence;

(3) There should be intention or knowledge on the pan of the accused that such gesture or knowledge
would cause a reasonable apprehension in the mind of the victim that criminal force would be used
against him;

Accused excited an apprehension that he is about to use criminal force;

(4) There must be threat coupled with present ability of the accused to ‘carry his intention into effect .

ln order to constitute an offence of assault, it is necessary that the apprehension of use of criminal
force should be from the very person who intends to use such force and not any other person. Thus,
where A threatens B that he will get his legs broken by C , here A’s act will not amount to an assault
because B does not have apprehension of use of criminal force fromA instead it is from a different
person.

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Therefore researcher is taking this paper to in order to understand the meaning of assault and its
Punishment.
Assault is when someone uses force to hurt you. Slapping, kicking and pushing can be assault.
Sometimes touching can be an assault. Threatening or trying to hurt someone can also be assault.

Objective of the study

1. The researcher tends to define the meaning of assault.

2. The researcher tends to analyse that assault can be committed only by making a gesture or
preparation with the intention .
3. The researcher tends to analyse that Assault in Indian Criminal law is an attempt to use
criminal force.

Research Question
1. What are the 3 levels of Assault ?
2. What do you understand by assault and its punishment?
3. What are the types of assault?

Hypothesis
1. Assault is associated with physical violence.

2. The researcher will tends to presume that Assault involve causing physical or mental harm to
another person.

Research methodology
The researcher will be relying on Doctrinal research methodology to complete the project.

Sources of data:

The researcher will be relying on both primary and secondary sources to complete the project.

1. Primary Source : Acts and amendments.

2. Secondary Sources: Books, judgments and websites.

Limitations of the study:

The researcher has monetary and time limitations in completing the project. Further emphasis will be
given to work on the “ASSAULT AND ITS PUNISHMENT”.

2.ASSAULT AND ITS TYPE

Assault is sometimes defined as any intentional act that causes another person to fear that she is about
to suffer physical harm. This definition recognizes that placing another person in fear of imminent

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 bodily harm is itself an act deserving of punishment, even if the victim of the assault is not physically
harmed. This definition also allows police officers to intervene and make an arrest without waiting for
the assaulter to actually strike the victim1

In legal terms, assault is the threat or attempt to physically touch or strike a person in an offensive
manner, regardless of whether contact is actually made. It only occurs if the victim is aware of the
threatened touching and is apprehensive about it occurring imminently. Being afraid that someone
might at some point offensively touch the victim in the future is not sufficient. The elements for civil
assault is basically the same as criminal assault, except that the victim must show the actual damages
resulting from the assault in order to recover monetary compensation for their injury.

Types of Assault

1) Simple Assault occurs when an individual

 Applies intentional force to another person without the other person’s consent
 Attempting or threatening, by an act or gesture to apply force
 Approaching or blocking the way of another person while openly wearing or carrying a weapon or
an imitation of a weapon.

2) When committing an assault, if the individual

carries, uses, or threatens to use a weapon, or causes bodily harm the individual is guilty of assault
causing bodily harm.

3) Aggravated assault is committed when a person

wounds, maims, disfigures, or endangers the life of the victim. Here there is intent to commit bodily
harm.

SEXUAL ASSAULT
There are three levels of sexual assault.
1) Simple Sexual Assault involves forcing an
individual to take part in any form of sexual
activity without explicit consent.
2) Sexual Assault with a Weapon includes the use
or threat of the use of a weapon or injury to a
third party.
3) Aggravated Sexual Assault has occurred when
the victim is seriously wounded, maimed, brutally beaten, or in danger of dying as a result of a sexual
assault.
 If the victim does not consent it is sexual assault; therefore, no intent has to be proven.
 Notice there is no intent needed if the victim does not consent it is sexual assault.
 Self-induced intoxication is not an excuse nor a defense.
 Being married is not an excuse either.
 The victim’s sexual history is irrelevant.
 Children under the age of 14 cannot consent2

1 https://www.nolo.com/legal-encyclopedia/assault-battery-aggravated-assault-33775.html

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 Defences:

Because every case is different, the best defence to an assault charge will depend heavily on the
particular circumstances of the offence. However, the following are some potential defences to the
charge of assault:

Consent:

Consent may be a defence when defending assault charges. The burden is on the Crown Prosecutor to
prove beyond a reasonable doubt that the person who was allegedly assaulted did not consent to the
application of force by the accused person. However, an important limit to this defence is the fact that
there is no such thing as consent to bodily harm. Because in law we do not find it permissible to
consent to bodily harm, the defence of consent will not operate in any circumstance where there has
been an intentional application of force that caused serious bodily harm. For example, you cannot
consent to being stabbed or consent to suffering potentially damaging physical harm in the context of
a fist fight. This being said, you cannot use consent as a defence if you have been charged with assault
causing bodily harm, or aggravated assault.

Self-Defence:

You are justified in using reasonable force–i.e., as much as is “reasonably necessary” in the
circumstances–to defend yourself against an unlawful assault, provided you did not intend to cause
death or grievous bodily harm. For this reason, self-defence may also be a defence to an assault
charge. However, in order to successfully argue that you acted for the purposes of self-defence, you
will need to prove that you had reasonable grounds to believe that force was being used against you or
another person, and that you acted reasonably in the circumstances. The reasonableness of your
actions will be determined by a number of factors including, but not limited to:

 The nature of the force or threat used against you;

 Your role in the incident;
 Whether anyone was using or threatening to use a weapon;
 The size, age, gender and physical capabilities of the people involved in the incident;
 The relationship between you and those involved in the incident; and,
 Whether the force you used was proportional to the force used by your aggressor. Generally
speaking, this defence will not succeed if the force you used was far greater than that used
against you. For example, you cannot shoot someone who’s trying to punch you.3

Accident:

If the assault was an accident, you should not be found guilty of a criminal offence as you
would lack the mental intent necessary to be guilty of assault. However, in order to raise the
defence of accident after you have been charged with assault, you will need to prove that the
accident or event was unforeseeable. In law an accident has to be something that happened
unexpectedly, outside of the usual course of things, and any harm or loss flowing from the
accident had to be unintended and unexpected.

As such, you will not be able to argue this defence if you took an action that had foreseeable
consequences, but then tried to pass it off as an ‘accident’. For example, it would not be an
accident if you pretended that you were going to punch someone, but accidentally actually
ended up hitting them. It is foreseeable that striking the area around another person could
result in you actually striking that person, and therefore, the consequence of your actions was
not totally unforeseeable.
2 https://schoolworkhelper.net/types-of-assault/
3
https://www.oykhmancriminaldefence.com/faq/best-defences-to-assault-charge

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 If you want to raise the defence of accident, you will have the burden of demonstrating that
there is an air of reality to the notion that your actions were accidental. If you are successful
in doing so, the Crown Prosecutor will only be able to convict you if they can then prove
beyond a reasonable doubt that your actions were not accidental.4

2.ASSAULT AND ITS TYPE

3.PUNISHMENT FOR ASSAULT

Difference between Assault, Criminal Force and Hurt

The three offences represent three different degrees of the same specie. Thus, assault is a stage prior
to the use of criminal force. That is to say, when assault is transformed into action, it assumes the
form of use of criminal force .

Hurt or injury represents the next stage of use of criminal force, that is . the consequence that follows
as a result of use of criminal force. This may be llustrated by a simple example, to throw boiling water
against a person is assault, if even a drop of it falls on that person it will be use of criminal force and
if the person suffers blisters because of the effect of boiling water having been thrown on him, it will
be called an injury which is punishable as ‘hurt’ under Section 323 I.P.C.

352. Punishment for assault or criminal force otherwise than on grave provocation- Whoever assaults
or uses criminal force to 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
three months, or with fine which may extend to five hundred rupees, or with both.

Explanation- Grave and sudden provocation will not mitigate the punishment for an offence under
this section, if the provocation is sought or Voluntarily, provoked by the offender as an excuse for the
offence, or if the provocation 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

if the provocation is given by anything done in the lawful exercise of the right of private defence.

Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

Aggravated forms.-Other forms of the offence of using criminal force or assault are as follows

4
Id.

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(1) Assault or criminal force to deter public servant from the discharge of his duty punishable with
imprisonment upto two years or fine or both (Section 353).-According to a notification, the forest
officers could exercise the power to arrest without a warrant if the offence was committed within a
distance of five miles of the Tripura border. Therefore, where there was no evidence that the place of
the incident was within five miles of the border, the officer had no right to apprehend the accused and
if there was any scuffle during which the officer sustained injuries, the accused cannot be said to have
committed any offence under Section 353, I.P.C.5.

(2) Assault or criminal force to woman with intent to outrage her modesty (Section 354).--Whoever
assaults or uses criminal force to any Woman intending to outrage or knowing it to be likely that he
will thereby Outrage her modesty, 6[shall be punished With imprisonment of either description for a
term Which may extend to Five years, and shall also be liable to fine.]

Intention or knowledge.-Intention or knowledge being the essential ingredient of the offence, where
an accused is tried for an offence under this section, and the prosecution succeeds in proving the
assault by the accused, the next question that falls to be considered is whether he did so with intent to
outrage the woman’s modesty or with knowledge that it would be outraged.7

Modesty of a woman-how and when outraged.--The essence of a woman’s modesty is her sex.
Whoever uses criminal force to her with intent to outrage her modesty commits an offence under this
section. The culpable intention of the accused is the crux of the matter. The reaction of the woman is
relevant but not always decisive. Thus where the accused walked into the room where a female child
of seven and half months was sleeping, stripped himself naked below the waist and kneeled over her
and fingering her vagina ruptured the hymen causing an injury, it was held that the accused committed
an offence under the Section.8

Ingredients.-One of the ingredients of the offence under Section 354 is that the accused assaults or
uses criminal force to a woman intending to outrage or knowing it to be likely that he will thereby
outrage the modesty of a woman. If the intention to outrage the modesty is not proved and the victim
is a consenting or voluntary party to the affair, the accused cannot be convicted under Section 354,
I.P.C.9

In order to attract the application of Section 354, apart from the assault, it must be further established
that he committed assault with the intent to outrage the modesty of the woman or with the knowledge
that it would be outraged. The story of a person trying to outrage modesty of two women in the
presence of two gentlemen is unnatural and that there must be clear and unimpeachable evidence
before it can be accepted.10

In the case of Vidyadharan v. State of Kerala,11 the modesty of the victim was alleged to have been
outraged. It was held by the Supreme Court that in order to constitute the offence under the section,
mere knowledge that the modesty of a woman is likely to be outraged is sufficient without any
deliberate intention of having such outrage alone for its object.

Outrage of modesty-Test.-The test of outrage of modesty is whether a reasonable man will think that
the act of the offender was intended to or was known to be likely to outrage the modesty of the

5
State of Tripura v.sashimohan,1977 Cr LJ 1663.
6
Substituted by the Criminal Law {Amendment}Act,2013,Sec,6.
7
Ram Das v. State of West Bengal, AIR 1954 SC 711.
8
State of Punjab v. Major singh ,AIR 1967 SC ,63.
9
Sadanand v.State of Assam, 1972 CrLJ 658.
10
Ram Das v. State of WB, AIR 1954 SC 711.
11
2004 (48) ACC 1 (SC).

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woman. Where the girl was 15 years of age and in the midnight while she was coming back with her
mother the sudden appearance of the accused from a lane and dragging her towards that side
sufficiently establish the offence under Section 351, I.P.C.12

The Supreme Court in Aman Kumar v. State of Haryana,13 held that pulling a woman and removing
her clothes with the request for sexual intercourse amounts to outraging her modesty and not an
attempt to commit rape since knowledge that the modesty of the woman would be outraged, is
sufficient to constitute the offence under Section 354 I.P.C.

In Raju Pandurang Mahale v. State of Maharashtra,14 the accused brought the prosecutrix to the house
of co-accused on a false pretext, confined her in the house
and forced her to drink liquor and then disrobed her and took her nude photographs. The accused were
held guilty of offence under Section 354 I.p.c

In Premiya alias Prem Prakash v. State of Rajasthan,15 the prosecutrix was returning from her field
back to village at about 9.30 a.m. on August 25, 1987, when the accused Premiya came all of a
sudden and caught hold of her, threw her on the ground, took off his Payjama,lifted her ghagra and
allegedly committed rape on her. When she cried for help, the accused gave her a blow on her face
and threaned to kill her if she made a sound. In the meantime her relatives reached the spot and the
accused fled away. He was charged for on offence of rape under Section 376 I.P.C. to which he
pleaded not guilty. However, since the prosecutrix who was a married woman, did not state
specifically about the act of sexual intercourse but loosely described it as ‘fondling’, he could nor be
convicted for the offence of rape, but was held guilty of the offence under Section 354 and was
sentenced to two years imprisonment.

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[(3) Sexual harassment punishable with one year imprisonment or with fine or with both (Section
354A}.

Assault or use of criminal force to woman with intent to disrobe punishable with imprisonment which
shall not be less than three years but which may extend to seven years, and shall also be liable to fine
(Section 354B).

(5) Voyeurism punishable for a term which shall not be less than the 2e years, but which may extend
to seven years and shall also be liable to fine (Section 354C).

(6) Stalking punishable With imprisonment of either description for a term which may extend to five
years and shall also be liable to fine (Section 354D).] '

(7) Assault or criminal force with intent to dishonour person, otherwise than on grave and sudden
provocation punishable as above (Section 355).

(8) Assault or criminal force to attempt to commit theft of property worn or carried by a person
punishable as above (Section 356).

(9) Assault or criminal force to attempt to wrongfully confine a person punishable with imprisonment
upto one year or fine upto Rs. 1,000 or both (Section 357).

12
Keshab Prabha Pradhan v. State of Orissa ,1976 cut LT (Cr) 236.
13
2004 Cr LJ 1399 (SC).
14
AIR 2004 SC 1677.
15
AIR 2009 SC 351.
16
Inserted by Criminal Law (Amendment)Act,2013

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[10) Assault or criminal force on grave and sudden provocation punishable with imprisonment upto
one month or fine upto Rs. 200 or both (Section 358).

(This section is subject to the some explanation as (Section 352).

Whoever assaults or uses criminal force to 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 three months, or with fine which may extend to five hundred rupees, or with
both.

Offence punishment cognizance bail Triable

Assault or use of 3 months or fine Non cognizable bailable Any magistrate
criminal force or both
otherwise than or
grave provocation

4.ASSAULT A JUDICIAL REVIEW

Assault

Definition
The definition of assault varies by jurisdiction, but is generally defined as intentionally putting
another person in reasonable apprehension of an imminent harmful or offensive contact.
Physical injury is not required.

Overview
Some jurisdictions label "assault" as "attempted battery." In tort law, assault is considered
an intentional tort.

"Apprehension"
In the context of assault, the victim's "apprehension" happens if the victim believes that
the tortfeasor's conduct will result in imminent harmful or offensive contact unless it is prevented.
It is not necessary that the victim believes the conduct will be effective in making such contact, only
that the victim believes the conduct is capable of making such contact.

Assault and Battery

In an act of physical violence by one person against another, "assault" is usually paired with battery.
In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent
physical harm, while battery refers to the actual act causing the physical harm.

Aggravated Assault
Aggravated assault refers to an assault with an additional aggravating circumstance. As such,
the liability and sentencing for aggravated assault is generally more severe than that for an ordinary
assault.

Prima Facie
The prima facie case for "assault" has 3 components:

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 1. The defendant acts
2. The defendant intends to cause the victim to apprehend imminent harmful contact from the
defendant
3. The defendant's action causes the victim to reasonably apprehend such a contact.

R. v. O'Brien17

The accused was charged With uttering threats to cause death and with breach probation. In a
telephone conversation with the complainant from jail, the ace repeatedly Stated his intention
to kill the complainant, and how that would occur The complainant gave evidence at trial and
testified that the accused often spoke in a belligerent manner without any hostile intent. The
complainant further testified that she did not feel threatened by the accused's statements. The
accused was acquitted and the Crown appealed.

The appeal was dismissed. The Court of Appeal found that the mens ran for uttering threats
requires subjective intent to cause fear, which may be inferred but only where appropriate
given the circumstances in which the impugned utterance, Were made. The Crown appealed
with the Supreme Court of Canada.

Held: The appeal was dismissed, by a majority of 4 to 3.

Per Fish, J. (Cromwell, Moldaver, Wagner J]. concurring): At no point in her reasons did the
trial judge state that she was acquitting the accused solely because the complainant did not
take the threats seriously. The trial judge did not err in her decision that she was left with a
reasonable doubt that the accused intended that the threats be taken seriously.

Per Rothstein I. (dissenting) McLachlin C., Abella J]. concurring: The trial judge was
required to determine whether the reasonable person would consider that the words were
uttered as threats. The trial judge erred in making the complainant's perception the
determinate factor in assessing the accused's intent to instill fear in her and to intimidate her.
The appeal should have been allowed, and a conviction should have been entered.

354. Assault or criminal force to a woman With intent to outrage her modesty.--Whoever
assaults or uses criminal force to 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 shall not be less than one year but which may extend to five
years, and shall also be liable to fine.

Note: In s 354, IPC vide Criminal Law Amendment Act (13 of 2013) punishment for assault to a
woman with intent to outrage her modesty has been enhanced with a minimum of one year of
imprisonment that may extend to five years and fine. In addition, four new sec 354A, 354B, 354C and
354D stated below have been inserted With a view to include (i) Sexual harassment (ii) Assault to
woman with intent to disrobe (iii) Voyeurism and (iv) Stalking have been added to provide
punishment under the penal Code. These sections have been included to provide safety and security to
woman against anti-social and undesirable elements--

Insertion of new ss 354A, 354 B, 354C and 354D.---After s 354 of the Indian anal Code, the
following four sections have been inserted vide the Criminal Law Amendment55t Act 2013, namely:-
--

17
2013 SCC 2: (2013)1WWR 639.

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354A. Sexual harassment and punishment for sexual harassment.--(l) A man committing any of the
following acts

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or

(iv) making sexually coloured remarks,

shall be guilty of the offence of sexual harassment.

(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-
section (1) shall be punished with rigorous imprisonment for a term Which may extend to three years,
or with fine, or with both.

(3) Any man who commits the offence specified in clause (iv) of subsection (1) shall be punished with
imprisonment of either description for a term which may extend to one year, or With fine, or with
both.

Favouratism at work place is Sexual Harrasment

The Department of Personal Training Government of India has issued new rules that implied or
explicit promise of preferential treatment and threat about present and future employment would be
considered sexual harassment.

The rule says, Government employees promising preferential treatment or threatning detrimental
treatment in employment to women collegues will be held accountable for sexual harassment, as per
the revised central service conduct rules approved by the Department of Personal Training [DoPT] of
Government. defining “sexual harrasment’ and “workplace” in detail in explanation appended to Rule
3C of Central Civil Services Rules, 1964 that deals With sexual harassment Of women employed in
Government, the D0PT made it clear that implicit or explicit promise of preferential treatment or
threat of detrimental in employment status would be considered harassment. Similar consequence will
follow if a Government employ interferes with a woman colleague’s work or creates an intimidating
Offensive or hostile environment for her, or metes out humiliating treatment likely to affect her health
or safety.

The amended service conduct rules, notified on 19th November, also give elaborate definition of
workplace, including in its purview any department, organization undertaking, establishment,
enterprise, institution office , branch or unit establishe, owned, controlled or funded wholly or
substantially by the central government.

Workplace as per the new conduct rules will also include hospitals, nursing homes, sports institutions
and Stadium and sports complexes. Any place visisted by the woman employee arising out of or
during the course of employment, including transportation provided by the employer for undertaking
the journey will be considered a workplace and invite action under conduct rules if there is any sexual
harassment there.

354B. Assault or use of criminal force to woman with intent to disrobe -Any man who assaults or uses
criminal force to any woman or abets such act with the intention of disrobing or compelling her to be
naked, shall be punished with imprisonment of either description for a term which shall not be less
than three years but which may extend to seven years, and shall also be liable to fine.

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354C. Voyeurism.-Any man who watches, or captures the image of a Woman engaging in a private
act in circumstances where she would usually have the expectation of not being observed either by the
perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be
punished on first conviction with imprisonment of either description for a term which shall not be less
than one year, but which may extend to three years, and shall also be liable to fine, and be punished
on a second or subsequent conviction, with imprisonment of either description for a term which shall
not be less than three years, but which may extend to seven years. and shall also be liable to fine.

Explanation 1-For the purpose of this Section , “private act carried out in a place which, in the
CircumStances, reasonably be expected to provide privacy and where the victim’s genitals, posterior
or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is
doing a sexual act that is not of a kind ordinarily done in public.

Explanation 2.Where the victim consents to the capture of the images or any act, but not to their
dissemination to third persons and where such image or act is disseminated, such dissemination shall
be considered an offence under this section.

554D. Stalking.-(l) Any man who

(i) follows a woman and contacts, or attempts to contact such woman

to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, email or any other form of electronic
communication,

commits the offence of stalking:

Provided that such conduct shall not amount to stalking if the man who pursued it proves that

(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking
had been entrusted with the responsibility of prevention and detection of crime by the State; or

(ii) it was pursued under any law or to comply with any condition or requirement imposed by any
person under any law; or

(iii) in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment
of either description for a term which may extend to three years, and shall also be liable to fine; and
be punished on a second or subsequent conviction, with imprisonment of either description for a term
which may extend to five years, and shall also be liable to fine.

509. Word, gesture or act intended to insult the modesty of a woman. Whoever, intending to insult the
modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object,
intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such
woman, or intrudes upon the privacy of such woman, 18shall be punished with simple Imprisonment
for a term which may extend to three Years shall also be liable to fine].

18
Substituted for the words ‘’shall be punished with simple imprisonment for a term which may extend to one
year,or with fine or with both.” Vide the criminal Law (Amendment) Act 13 of 2013 with effect from 3 rd
February,2013.

15
The IPC has dealt with force, criminal force and assault in 14 sections commend from sec 349 to 354,
354A, 3548, 354C, 354D and 355 to 358; Assault being the first offence in the series of infliction of
bodily pain, deserves a brief discussion .

Assault as defined in s 351 signifies a threat or apprehension of threat of use of force about to be used
against a person by the accused. The gist of the offence lies on the effect which the threat creates in
the mind of the victim.

Sections 353, 354, 354A, 354B, 354C, 354D and 355 to 358 of the IPC, Provide for severe
punishment in cases of assaults and use of criminal force in different situations, namely, to deter a
public servant from discharge of his duty, to outrage woman’s modesty, to dishonour a person
otherwise than on grave provocation, attempt to commit theft and wrongfully to confine a person and
so on.

The object of the provisions as contained in sec 354, 354A, 3543, 354C, 3541) and 509 IPC are to
protect a woman against indecent behaviour of others, which is offensive to morality. In fact, these
offences are as much in the interest of the Woman as in the interest of public morality and decent
behaviour. These offences are not only offences against individual but against public morals, decency
and propriety.

To attract the provisions of s 354, IPC it is not enough merely to show that the accused assaulted a
woman; it must further be proved that he did so either with the intention to outrage her modesty, or
with the knowledge that it was likely that he will thereby outrage her modesty.19

With a view to curb the growing menace of criminal assault and harassment against women in recent
years, four new types of offences discussed below have been added in the Code wide the Criminal
Law (Amendment) Act (13 of 2013). These are

(i) Sexual Harassment (s 354A); (ii) Assault to disrobe a woman (s 354); (iii) Voyeurism (s 354C) and
(iv) Stalking (s 354D);
(1') Sexual Harassment: Section 354A after defining sexual harassment provides for punishments s
354A states that a man shall be guilty of sexual harassment against woman in following situations,
namely, if a man

(1) Makes physical contact and advances unwelcome and explicit sexual overtures; (ii) Demands or
requests for sexual favours;

(iii) Shows pornography against the will of a woman;

(iv) Make sexually coloured remarks.

outraging the modesty of a woman is an offence-indecent behaviour and not the Age of the woman is
the criteria to determine offence of outraging the modesty punishable under s 354, IPC-Supreme
Court (1967)

State of Punjab v. Major Singh20

Justice Mudholkar stated:

19
Ram Das v.State of west Bengal AIR 1954 SC 11,1954 Cr Lj 1793.
20
AIR 1967 SC 63,(1966) Supp SCR 286.

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The respondent had caused injuries to the vagina of a seven-and-a-half months old child by fingering.
He has been held guilty of causing hurt under s 323 of the Code. The State in appeal contended that
the offence amounts to outraging the modesty of a woman and is thus punishable under s 354 of the
Code.

The question is whether sec 354 speaks of outraging the modesty of a woman and at first blush seems
to require that the outrage must be felt by the victim herself. But such an interpretation would leave
out of the purview of the section assaults not only on girls of tender age but on even grown up women
when such a woman is sleeping and did not wake up or is under anesthesia or stupor or is an idiot. It
may also perhaps under certain circumstances, exclude a case where the woman is of depraved moral
character. Could it be said that the legislature intended that the doing of any act to or in the presence
of any woman which according to the common notions of mankind is suggestive of sex, would be
outside this section unless the woman herself felt that it outraged her modesty? Again, if the sole test
to be applied is the woman’s reaction to a particular act, would it not be a variable test depending
upon the sensitivity or the upbringing of the woman?

The test of a woman's individual reaction to the act of the accused is not relevant... When any act done
to or in the presence of a woman is clearly suggestive of sex according to the common notions of
mankind that act must fall within the mischief of this section.

The action of Major Singh in interfering with the vagina of the child Was deliberate and he must be
deemed to have intended to outrage her modesty, Conviction altered under s 354 of the IPC,
sentenced to six months imprisonment.

Appeal allowed.

Assault on a woman must be with the intention to outrage her modesty-mere proof of assault is not
enough for conviction under s 354 of the Indian Penal Code 1860‘ Supreme Court (1954)

Ram Das v. State of West Bengal21

The accused was charged for having committed offence under s 354, IPC. The accused, boarded a
railway compartment at night time, in which two women Were seated along with their male escorts.
He took off his trousers underneath which he was wearing an underwear. Thereupon, there developed
a heated exchange of words and quatrel between that group and the accused, in the course of which he
gave a push to one of those women.

It was held that no inference of a criminal intention could be drawn from a man’s act of removing his
trousers at night time before lying down on his berth, since it is a natural preparatory act to becoming
comfortable on a journey. In the absence of any evidence as to any gesture made by the accused, it
was held that the accused was not liable. It was not established that the accused acted with the
intention to outrage the ladies’ modesty, or with the knowledge that it was likely that he will thereby
outrage their modesty.

21
AIR 1954 SC 711, 1954 Cr Lj 1793.

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5.CONCLUSION AND SUGGESTION

Assault is defined in sec -351,IPC as consisting of overt act,or making gestures, or a preparation
intending ,or knowing it to be likely that such gestures or preparation are with reference to the use of
criminal force against the person.To constitute an assault the must be some threatening physical act by
which the offender intentionally causes another to apprehend that criminal force is about to be used
against him .The gist of the offence lies in the effect which the threats creates in the mind of the
victim.

Indecent Assault under English Law

As noted above Indian law punishes men alone for indecent assault, women are not subject to liability
for committing assault against men. On the Other hand, under English law a woman can also be held
liable for committing indecent assault both against a man and a woman.” According to repealed sec
14 and 15 of the Sexual Offences Act, 1956 it is an offence for ‘a person’ to commit an indecent
assault on a ‘woman’ or a ‘man’. Punishment may extend to 10 years of imprisonment in both cases
under s 14 ad 15. Similar provisions have been retained in the Sexual Offences Act, 2003.

The offence of indecent assault includes both a battery (a touching) and psychic assault, without
touching. In case of battery proof of the victim’s knowledge or the circumstances of indecency is not
required, whereas in case of psychic assault the victim must be aware of the assault and of the
circumstances of the indecency.

Assault or battery need not be indecent in itself provided it is accompanied by circumstances of

indecency. For instance, in Beal v. Kelley, where, after a boy of 14 years had declined the accused s
invitation to touch his penis, the accused took the boy’s arms and dragged him towards himself, the
accused was held guilty of an
indecent assault.

Indecent Assault under Indian Penal Code

It is high time that a new section be added in the Indian Penal Code providing punishment for
‘indecent assault’ either committed by a man or a woman as provided under Sexual Offences Act,
2003 in England. Such a provision is necessary because under Indian law persons, who are found
guilty of ‘indecent assault’, are not covered under any one of the existing provisions in the Code and
go scot-ftee. The law should cover both a man and a woman alike as in case of English law, and
punishment should be more stringent than in case of ordinary assault. The proposed section should
read as stated below:

Indecent Assault.-Whoever commits indecent assault against a woman or a man shall be liable to
punishment with imprisonment of either description for a term which may extend to five years, or with
fine, or with both”.

elements which are necessary to prove an act of assault-

In order to prove criminal assault, the state prosecutor must prove all of the required elements of proof
beyond a reasonable doubt. It can be a defense to the charge of assault if one or more of the elements
has not been satisfied. The elements for the crime of assault are:

 “An Act or Conduct Intended to Create”: For criminal assault to be proven, the
defendant’s behavior must be motivated by an intent to create a state of fear or danger in the
victim. Accidental acts do not result in assault charges;

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  “A Reasonable Apprehension”: Next, the victim must reasonably believe that they would be
harmed or offended by the defendant’s conduct. The victim must perceive (apprehend) the
defendant’s potentially harmful or offensive acts.
 “Of Imminent Harm”: In addition, the victim’s fear must be a direct response to a threat that
is imminent, or immediately about to occur. Future threats, such as, “I will beat you up next
week” will not result in assault charges.
o Also, the harm must present some sort of perceived physical danger for the victim;
for this reason, words by themselves generally do not constitute assault.
 “That is Considered Either Harmful or Offensive”: Finally, the defendant’s actions must
present a physical threat or offensive behaviuor to the victim. Thus, pretending to kick or
punch the victim may be an assault, as would be attempting to spit on the victim (offensive
behaviour).

All of the above elements must be present and supported with evidence in order for a defendant to be
found guilty of assault.

It can oftentimes be difficult to prove whether the defendant actually intended to commit an assault.
Likewise, judges and juries often spend a lot of time determining whether the defendant’ acts are
considered to be harmful or offensive. In determining this, they will look at what an average person
might reasonably consider to be harmful or offensive.

Assault Charges
Assault is usually associated with physical violence, however, assault charges can actually encompass
much more than fights or physical attacks. Some states generically define assault as any unwanted
touching that a defendant knew the other person would find offensive or provocative. Instead of a
separate "threat” statute, some states will include threats to harm another in their assault statutes.
Under either application, this means that a victim never has to experience pain or an injury before a
defendant is charged with assault. However, an assault with a lower level of injury, pain or fear to the
victim will usually result in lower level assault charges and thus less severe penalties.

A more extensive injury or fear factor will increase the level of the assault. For example, if a
defendant walks by a neighbor’s house and is mumbling to himself about killing them when he has
the chance, this would be considered a lower level or misdemeanor type offense because it is merely a
threat with less anxiety. Conversely, if the defendant was yelling directly at the neighbor that he was
going to kill them and was pointing a gun in their direction, then this incident could be charged as a
higher level felony because the threat and fear were much more direct and intense.

Long Term Consequences of a Conviction

When many people face an assault charge, they are naturally focused on the immediate consequence
of how long a probation or jail sentence will be. However, an assault charge can have a dramatic
impact on a defendant’s future. If a defendant is in the process of applying for citizenship, an assault
conviction can be a basis for denial of citizenship. Some schools and employers will not accept
persons with assault convictions on their records. Additionally, some occupations exclude individuals
with assault convictions. Even a misdemeanor assault conviction can have long-term consequences.
Before making a final decision about whether you should or should not accept a plea bargain, a
defendant should consider their future plans and contact a criminal attorney.

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BIBLIGRAPHY

The researcher has consulted following sources to complete the rough proposal:

SECONDARY SOURCES:

1. BOOK:
a. INDIAN PENAL CODE – PROF. S N MISHRA
b. CRIMINAL LAW CASES AND MATERIAL – K D GAUR
c. CRIMINAL LAW – P S A PILLAI
2. WEBSITES:
a. http://www.shareyouressays.com/knowledge/legal-provisions-regarding-assault-
section-351-of-ipc/115806
b. https://www.oykhmancriminaldefence.com/faq/best-defences-to-assault-charge

c. https://criminal-law.freeadvice.com/criminal-law/violent_crimes/assault-
penalty.htm
d. https://www.hg.org/assault.html
e. https://www.nolo.com/legal-encyclopedia/assault-battery-aggravated-assault-33775.html

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