130
130
Assault
Bharatiya Nyaya Sanhita, 2023
Chapter VI Of Offences Affecting The Human Body
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsOffence Against PersonThreatFearMinor Offence
🗣️ Simple Explanation
What does this law say?
Section 130 of the Bharatiya Nyaya Sanhita (BNS) defines assault. It means making a gesture or preparing to use criminal force, causing someone to fear immediate harm. This section replaces the old Section of IPC.
Why does this law exist?
This law protects people from the fear of physical harm. It prevents threats and ensures personal safety. It aims to stop violence before it happens.
Real-life impact
This law is relevant in situations where someone threatens violence. It protects you from feeling threatened. It ensures that you feel safe from immediate harm.
What happens if you break this law?
The punishment for assault depends on the specific act. It can include imprisonment and fines. The police can arrest you without a warrant.
⚖️ Punishment
Punishment varies depending on the specific act, including imprisonment and fines.
💡 Real Life Example
Rahul shakes his fist at Amit, making Amit fear he will be hit. This is an assault. Legal consequence: Rahul can be arrested and face charges.
Priya raises a stick at Sneha, threatening to hit her. This is an assault. Legal consequence: Priya can be arrested and face charges.
🛡️ KNOW YOUR RIGHTS
- •Report the assault to the police immediately.
- •Gather any evidence, such as witnesses or videos.
- •Seek legal advice from a lawyer.
- •Remember, you have the right to legal aid if you cannot afford a lawyer (Article 39A).
- •If falsely accused, gather evidence to prove your innocence.
❓ FREQUENTLY ASKED QUESTIONS
Assault means making a gesture or preparing to use criminal force, causing someone to fear immediate harm. The law protects people from the fear of physical harm. It prevents threats and ensures personal safety. This section replaces the old Section of IPC.
The punishment for assault depends on the specific act. It can include imprisonment and fines. The police can arrest you without a warrant. This means they can arrest you without getting permission from a judge first. This section replaces the old Section of IPC.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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