What is IPC Section 351?
IPC Section 351 is the provision that legally defines "assault." It does not by itself prescribe any punishment — the punishment for assault (or for using criminal force to a person) is separately set out under Section 352 (up to 3 months, fine up to ₹500, or both), or under Section 353 where the assault is directed at a public servant in the discharge of official duty. Section 351 describes assault as making any gesture or preparation, intending or knowing it to be likely, that will cause a person present to apprehend that criminal force is about to be used against them.
Section 351 sits within Chapter XVI of the IPC ("Of Offences Affecting the Human Body"), under the sub-heading "Of Criminal Force and Assault." It works closely with Section 350, which defines "criminal force" — the actual application of force to a person without consent, to commit an offence or cause injury, fear, or annoyance. Assault, by contrast, is essentially the threat or apprehension stage: the gesture or preparation that suggests force is imminent, even if force is never actually applied.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 351 IPC now corresponds to Section 130 of the BNS, which retains the identical definition of assault. FIRs registered before 1 July 2024 continue to be tried under IPC 351/352; incidents after that date are registered under the corresponding BNS provisions.
Legal Provision — Text of Section 351 IPC
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.
Key Ingredients / Essential Elements
A gesture or preparation, made in the presence of another person
The accused must have made some gesture, or engaged in some preparation, in front of the person allegedly threatened.
Intention or knowledge of likely apprehension
The accused must have intended, or known it to be likely, that the gesture or preparation would cause the other person to apprehend the imminent use of criminal force.
The apprehension must relate to criminal force, as defined under Section 350
The apprehension created must specifically be of criminal force being about to be used, not merely any general sense of unease or annoyance.
Mere words alone are insufficient
Words spoken without any accompanying gesture or preparation do not, by themselves, constitute assault — though words can lend meaning to an otherwise ambiguous gesture.
Illustrations Under Section 351
| Shaking a fist | A shakes his fist at Z, intending or knowing it to be likely that Z will believe A is about to strike him — this is an assault. |
|---|---|
| Threatening with an animal | A begins to unloose the muzzle of a ferocious dog, intending or knowing it likely that Z will believe A is about to cause the dog to attack — this is an assault. |
| Approaching with a weapon | A advances toward Z brandishing a stick in a threatening manner, causing Z to reasonably believe he is about to be struck — this is an assault. |
| Words alone | A merely tells Z, "I will beat you," without any accompanying gesture or movement — this by itself does not amount to assault, though it may be relevant to other offences such as criminal intimidation. |
What Should You Do — For Complainants and For the Accused
If You Have Been Threatened With Imminent Force
- File a complaint at the nearest police station describing the specific gesture or preparation that caused you to apprehend imminent force.
- Any witnesses present at the time can provide valuable corroboration of the incident.
- Where the threat also involved verbal statements, consider whether related provisions such as criminal intimidation (Section 506) may also apply.
If a Complaint Is Filed Against You
- Since Section 351 is definitional, the applicable punishment (typically under Section 352) is generally bailable — bail is usually available as a matter of right.
- A key defence is to show that no actual gesture or preparation was made, or that any gesture was not accompanied by the requisite intention or knowledge of likely apprehension.
- Evidence that the interaction consisted only of words, without any threatening gesture, can be a valid defence given the explicit statutory exclusion of mere words.
Complaint & Process Related to Assault
Filing the Complaint
A complaint or FIR is typically filed citing the specific punishing section — Section 352 for ordinary assault, or Section 353 if directed at a public servant.
Investigation
Police examine the specific gesture or preparation alleged, along with witness statements, to establish whether the ingredients of assault under Section 351 are met.
Bail
The punishing offence under Section 352 is bailable, and bail is generally available as a matter of right.
Trial
The matter is tried before the appropriate Magistrate, based on the specific punishing section invoked.
Important / Landmark Cases on Section 351
K. Dhananjay v. Cabinet Secretary & Ors.
The Supreme Court held that shouting and threatening someone without any gesture or preparation to use force does not constitute assault under Section 351, clarifying that mere words, however threatening, are insufficient by themselves without an accompanying physical gesture or preparation.
Actual Use of Force Not a Precondition
The Jharkhand High Court clarified that actual use of criminal force is not a condition precedent to attract the offence of assault under Section 351 — the apprehension created in the victim's mind by the accused's gesture is sufficient to constitute the offence.