Shouting and threatening someone doesn't amount to committing an offence of assault under Section 351 of the IPC (Section 130 of BNS) SC

A bench comprising Sudhanshu Dhulia and Justice Ahsanuddin Amanullah held that Shouting and threatening someone doesn't amount to committing an offence of assault under Section 351 of the IPC (Section 130 of BNS).            

• The Supreme Court held this in the case of K. Dhananjay v. Cabinet Secretary & Ors.  

• The appellant, formerly employed at the Indian Institute of Astrophysics, Bangalore, challenged his dismissal through a petition filed before the Central Administrative Tribunal (CAT), Bangalore Bench. 
• During his case proceedings, he sought access to specific documents, which were granted. 
• While inspecting these documents in the office of Ms A. Thomeena, Deputy Registrar at CAT, Bangalore, he allegedly engaged in disruptive behaviour, including shouting and threatening the staff, which led to an FIR being filed against him under Sections 353 and 506 of the Indian Penal Code (IPC). 
• The complaint stated that the appellant threatened staff and disrupted office work, yet no actions amounted to physical assault as defined under Section 351 IPC. 
• The High Court dismissed his petition to quash the case, leading to his appeal to the Supreme Court. 

What were the Court’s Observations? 

• The Supreme Court stated that the only allegation against the appellant in the said complaint was that he was shouting and threatening the staff. This itself will not amount to any assault. 
• To our mind, the High Court made a mistake by not interfering in this case. This case is nothing but an abuse of the process of law, and therefore, in order to meet the ends of justice, we allow this appeal and quash the entire proceedings initiated against the appellant. 

What are the Provisions concerning Assault? 

• Section 351 of the Indian Penal Code, 1860 (IPC):  
  • This section now covered under Section 130 of Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the offence of assault. It states that 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 on that person, is said to commit an assault. 
  • Explanation. —Mere words do not amount to an assault. But the words a person uses may give his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault. 
• Essential Elements 
  • The Prosecution must establish the following two ingredients to prosecute a person for assault:  
    • Making any gesture or preparation by a person in the presence of another; and 
    • Intention or Knowledge of the likelihood that such gesture or preparation will cause the person to apprehend that the person making it is about to use criminal force to him. 
• Section 353 of the IPC (Section 132 of the BNS): 
  • It states that whoever assaults or uses criminal force on any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 
• Case Laws 
  • Rupabati v. Shyama (1958):  
    • The Court held that causing of some actual hurt is not necessary for constituting assault, mere threat may constitute assault.  
  • Padarath Tewari vs Dulhin Tapesha Kueri (1932):  
    • The Court held that a medical examination of woman without her consent constitutes the offence of assault.