351. Assault.

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.

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.

Illustrations-
(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z, A has committed an assault.

(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.

(c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault.

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Section 351 IPC
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360. Kidnapping from India.

Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.

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Section 360 IPC
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362. Abduction.

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

COMMENTS
It is well known that the ingredients of the two offences—‘kidnapping’ and ‘abduction’— are entirely different. These are two distinct offences;
Abhaya Jena v. State of Orissa, (1997) Crimes 531 (Ori)

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Section 362 IPC
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354. Assault or criminal force to woman with intent to outrage her modesty.

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for up to 5 years + fine—Cognizable—Non-Bailable— Triable by any Magistrate—Non-compoundable.

Read Next:
1. Q&A: What Is Outraging a Woman’s Modesty Under Section 354 IPC?
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Section 354 IPC
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147. Punishment for rioting.

Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

COMMENTS
The Sub-Inspector was pursuing investigation which is his duty and therefore it could not be said that while he was pursuing the investigation, it was in pursuance of an unlawful object and therefore no conviction could be passed under section 147;
Maiku v. State of Uttar Pradesh, (1989) Cr LJ 860 : AIR 1989 SC 67.

Law Q&A: What Are the Laws Related to Rioting in India?

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Section 147 IPC
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Section 53 IPC. Punishment.

The punishments to which offenders are liable under the provisions of this Code are-
First – Death;
Secondly – Imprisonment for life;
Thirdly [Omitted by Act 17 of 1949]
Fourthly – Imprisonment, which is of two descriptions, namely-
(1) Rigorous, that is, with hard labour;
(2) Simple;
Fifthly – Forfeiture of property;
Sixthly – Fine.

Related: Here is a law note that tells you about Punishments under IPC.

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Section 53 – Indian Penal Code
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Section 44 IPC – “Injury”.

The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

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Section 44 – Indian Penal Code
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Section 307 IPC. Attempt to murder.

Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

Attempts by life convicts- When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

Illustrations-
(a)A shoots at Z with intention to kill him, under such circumstances that, if death ensued. A would be guilty of murder. A is liable to punishment under this section.

(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensure.

(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of the first paragraph of this section.

(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servant to place it on Z’s table. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
Para II: Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non- compoundable.
Para III: Punishment—Death, or imprisonment for 10 years and fine— Cognizable—Non—bailable—Triable by Court of Session—Non-compoundable.

COMMENTS
(i) If a person who does an act with intention or knowledge that if by that act caused death, he will be guilty of murder;
Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom)

(ii) The question of intention to kill or the knowledge of death in terms of section 307, is a question of fact and not one of law. It would all depend on the facts of a given case;
Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom)

(iii) The important thing to be borne in mind in determining the question whether an offence under section 307, is made out is the intention and not the injury (even if simple or minor);
Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom)

(iv) It is not necessary that injury, capable of causing death, should have been inflicted. What is material to attract, the provisions of section 307 is the guilty intention or knowledge with which the all was done, irrespective of its result. The intention and knowledge are the matters of inference from totality of circumstances and cannot be measured merely from the results;
Ansarudin v. State of Madhya Pradesh, (1997) 2 Crimes 157 (MP)

(v) The intention of knowledge of the accused must be such as is necessary to constitute murder;
Hari Kishan and State of Haryana v. Sukhbir Singh, (1989) Cr LJ 116: AIR 1988 SC 2127.

(vi) When in the absence of intention accused fired shot causing simple injury to victim, conviction under Section 324 instead of under section 307 justified;
Kundan Singh v. State of Punjab, AIR 1982 SC 62

(vii) When only one accused out of six being members of unlawful assembly armed with deadly weapon fired shots causing injuries falling under section 307, conviction under section 307 justified;
Tukaram Dayamu Gurav v. State of Maharashtra, AIR 1982 SC 59: (1982) Cr LJ 199

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Section 307 – Indian Penal Code
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Section 211 of the Indian Penal Code – False charge of offence made with intent to injure

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

and if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 2 years, or fine, or both—Non- cognizable—Bailable—Triable by Magistrate of the first class—Non- compoundable.
Para II: Punishment—Imprisonment for 7 years and fine—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para III: Punishment—Imprisonment for 7 years, and fine—Non-cognizable— Bailable—Triable by Court of Session—Non-compoundable.

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Section 211 IPC
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363A. Kidnapping or maiming a minor for purposes of begging

(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purpose of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

(2) Whoever maims any minor in order that such minor can be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine.

(3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging.

(4) In this section,-
(a) “begging’ means-
(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise;
(ii) entering on any private premises for the purpose of soliciting or receiving alms;
(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
(iv) using a minor as an exhibit for the purpose of soliciting or receiving alms;

(b) “minor’ means-
(i) in the case of a male, a person under sixteen years of age; and
(ii) in the case of a female, a person under eighteen years of age.

CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non- bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Imprisonment for life and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.

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Section 363A IPC
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