BNS Section 142 - 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.
Bailable, Cognizable
Official Text
“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.”
Legal Analysis
Elements to Prove:
- Gesture or preparation.
- Intent to cause apprehension.
- Likely to cause fear of criminal force.
Potential Defenses:
- No intent to threaten.
- Self-defense.
- Lawful authority.
Practical Examples
What Constitutes the Offense:
Threatening gestures, preparing to attack, intimidating behavior.
What Doesn't Constitute:
Self-defense preparation, lawful authority, or authorized actions.
Punishment
Imprisonment up to 3 months, or Fine up to ₹500, or both