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Under the Explanation to Section 130 of the Bharatiya Nyaya Sanhita, 2023, an assault cannot be caused…

Section 130 of the Bharatiya Nyaya Sanhita, 2023 (corresponding verbatim to Section 351 of the repealed Indian Penal Code, 1860) defines assault as making any gesture, or…

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Under the Explanation to Section 130 of the Bharatiya Nyaya Sanhita, 2023, an assault cannot be caused by:

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Correct answer A

Section 130 of the Bharatiya Nyaya Sanhita, 2023 (corresponding verbatim to Section 351 of the repealed Indian Penal Code, 1860) defines assault as making any gesture, or any preparation, intending or knowing it to be likely that such gesture or preparation will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. The Explanation to Section 130 expressly declares: '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 preparation amount to an assault.'

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Option A

Correct. Under the Explanation to Section 130 of the Bharatiya Nyaya Sanhita, 2023 (formerly the Explanation to Section 351 of the Indian Penal Code, 1860), 'Mere words do not amount to an assault.'

Option B

Incorrect. Section 130 BNS expressly defines assault as making 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 criminal force is about to be used.

Option C

Incorrect. Under Section 130 BNS, making any preparation intending or knowing it to be likely to cause a person present to apprehend the use of criminal force constitutes an assault (e.g., loosing a ferocious dog's muzzle, Illustration (b)).

Option D

Incorrect. The Explanation to Section 130 BNS clarifies that while mere words do not amount to an assault, the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparation amount to an assault.

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