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A shakes a fist at Z, intending Z to believe that A is about to strike. A makes no physical contact and…

The fist gesture is the illustration of assault in section 130 because it is intended to create apprehension of imminent criminal force. The facts state no use of force or…

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A shakes a fist at Z, intending Z to believe that A is about to strike. A makes no physical contact and causes no bodily pain. What offence does this illustrate under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer B

The fist gesture is the illustration of assault in section 130 because it is intended to create apprehension of imminent criminal force.

The facts state no use of force or hurt. The illustration identifies assault by the gesture, and no additional facts establish the elements of criminal intimidation.

Option feedback

Option A

Criminal force requires use of force, while the facts describe apprehension of force.

Option B

The gesture is intended to make Z apprehend an imminent strike, as in the illustration to section 130.

Option C

The illustration specifically classifies this imminent-force gesture as assault. The facts give no separate basis for treating it as a threat made with the intent required by section 351.

Option D

There is no bodily pain, disease or infirmity on the stated facts.

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