Section 351 of the Indian Penal Code, 1860 defines Assault as an offence. An assault is an attempt of a person, who has an ability to hurt or do violence to another person by force. It is committed whenever a well-founded apprehension of immediate danger, from a force already partially or fully put in motion, is created. Every use of criminal force includes an assault. In other words, assault is an act of one person causing another person to reasonably apprehend the infliction of criminal force against him.
A shakes his fist at B, intending or knowing it to be likely that he may thereby cause B to believe that A is about to strike B. A has committed an assault.
- Bavisetti Venkata Surya Rao v. Nandipati Muthayya (AIR 1964 AP 382)
- A.C. Cama v. H.F. Morgan [(1864) 1 BHC]