A shakes his fist at Z, who is present, intending to make Z believe that A is about to strike him.…
The intended apprehension of an imminent blow makes the gesture an assault under section 130. Applying force is unnecessary for assault, and the facts do not establish hurt…
Choose your answer
A shakes his fist at Z, who is present, intending to make Z believe that A is about to strike him. Under the Bharatiya Nyaya Sanhita, 2023, which offence does this gesture illustrate?
Answer and explanation
Correct answer C
The intended apprehension of an imminent blow makes the gesture an assault under section 130. Applying force is unnecessary for assault, and the facts do not establish hurt or fighting in a public place.
Option feedback
Option A
Hurt requires bodily pain, disease or infirmity, none of which is described. The statutory illustration classifies the threatened immediate force as assault.
Option B
Criminal force requires intentional use of force. The facts show a gesture and apprehension of impending force.
Option C
Section 130 illustration (a) uses this fist gesture as an example of assault.
Option D
Affray requires fighting by two or more persons in a public place that disturbs the public peace. The facts describe a gesture by one person.
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