- Introduction
- What is IPC 351 ?
- Definition of IPC 351
- IPC Section 351
- Section 351 IPC Punishment
- 351 IPC bailable or not
- IPC 351 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
- Official website of the Maharashtra government’s police department for help and support.
Introduction
Indian Penal Code (IPC) Section 351 defines and explains the offense of assault.
Assault ≠ only physical attack.
It also includes gestures, actions, or threats that create a reasonable fear of immediate harm in the victim’s mind.
The law protects not just your physical safety, but also your mental security — making sure no one can deliberately make you feel unsafe.
What is IPC 351 ?
Definition of IPC 351
Section 351 IPC states:
“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.”
Key Elements of Definition:
- Intentional Act → Must be deliberate, not accidental.
- Gesture or Preparation → Movement of hand, showing weapon, running towards victim.
- Victim’s Fear → The victim must reasonably believe they will be hurt.
- Immediate Harm → The fear should be of instant harm, not of a future event.
IPC Section 351
1. Intentional Conduct
The accused must deliberately attempt to create fear. Careless or playful acts usually don’t amount to assault unless intention is clear.
2. Victim’s Reasonable Apprehension
It is not enough that the victim was scared — the fear must be reasonable. For example, if a weak child raises a finger at a strong adult, it may not qualify.
3. Actions or Gestures
- Raising a fist.
- Showing a knife.
- Running towards someone aggressively.
Mere abusive words are not assault — unless combined with threatening actions.
4. Case Example
- R vs. St George (English Law influence on IPC): Pointing a loaded gun at someone, even without firing, is assault because it creates fear of immediate harm.
Section 351 IPC Punishment
Imprisonment → Up to 1 month.
Fine → Amount depends on seriousness of act.
Both → Court may impose both imprisonment + fine.
351 IPC bailable or not
- Bailable offense → Bail can usually be granted by police or magistrate.
- Cognizable or Non-Cognizable? → It is a non-cognizable offense, meaning police cannot register FIR or arrest without a court order.
- Compoundable offense → Victim and accused can settle the matter with court’s permission.
However, if assault leads to actual hurt or grievous hurt, then higher sections (like IPC 323/325) apply, which may be non-bailable.
IPC 351 Case Laws
R v. St George
– Pointing a gun, whether loaded or not, is assault because it creates reasonable fear.
Stephens vs Myers (1830, English case – guiding principle in India)
– When the accused moved aggressively towards the chairman of a meeting with a clenched fist, it was held to be assault even though he was stopped before hitting.
State of Maharashtra vs Balakrishna (1977)
– Assault is complete when a person makes gestures intending to apply force, causing fear in the victim’s mind.
IPC 351 FAQs
Q: What is assault under Section 351?
Assault occurs when someone intentionally makes you believe you’re about to be hurt right away through their actions or gestures, causing you genuine fear.
Q: What are some examples of assault under Section 351?
Someone clenches their fists, gets in your face, and yells threats.
Someone approaches you aggressively while brandishing a weapon (even an imitation).
Someone follows you persistently in a way that makes you feel unsafe.
Q: How does this differ from someone just yelling threats?
typically aren’t assault. However, if the threats are combined with actions or gestures that make you reasonably scared of being hurt, it can be considered assault.
Q: Is an offence under Section 351 bailable?
Offences under Section 351 are generally considered bailable. However, the specific circumstances of the case can influence bail decisions (severity of actions, criminal history). Consulting a lawyer for specific legal advice on bail matters is recommended.
Need Legal Help or Assistance?
If you need support with court proceedings, IPC/BNSS matters, or marriage-related legal issues, our team at Marriage Solution can help.
Visit: Marriage Solution – Lawyer Help
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Official Government Support
For official complaints or police-related matters, you may visit the official website of the Maharashtra Police Department:
Maharashtra Police – Official Website