Assault is one of the most frequently registered offences in Delhi, arising out of neighbourhood quarrels, workplace altercations and road disputes. The chamber of Advocate Manish Jha defends persons accused of assault and advises complainants on registering and pursuing such cases.
What the Law Defines as Assault
Under Section 351 of the Indian Penal Code, an assault is any gesture or preparation which causes a person present to apprehend that criminal force is about to be used against them. Actual physical contact is not required — raising a fist or brandishing an object can amount to assault. The use of force itself, when done intentionally and without consent to cause injury, fear or annoyance, is criminal force. Section 352 IPC prescribes the punishment for assault or criminal force otherwise than on grave provocation: imprisonment up to three months, fine, or both.
For offences committed on or after 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 applies. The definitions and punishment carry over largely unchanged.
| Provision | IPC (before 1 July 2024) | BNS (on or after 1 July 2024) |
|---|---|---|
| Definition of assault | Section 351 | Section 130 |
| Punishment for assault / criminal force | Section 352 | Section 131 |
Aggravated Forms
The statutes treat certain assaults more seriously, with higher punishments. These include assault or criminal force against a public servant in the discharge of duty, assault with intent to outrage the modesty of a woman (see the Section 354 / 74 BNS page), assault in an attempt to wrongfully confine a person, and assault on grave and sudden provocation, which is treated more leniently.
Bail Position
Simple assault under Section 352 IPC / Section 131 BNS is a non-cognizable and bailable offence, ordinarily tried by a Magistrate. The aggravated forms may be cognizable and, in some instances, non-bailable, which changes how arrest and bail operate. Because assault allegations are often cross-cases — each side accusing the other — early legal advice on the correct provisions and the evidence available matters considerably.
How the Chamber Assists
Advocate Manish Jha, with over 15 years of practice before the Delhi District Courts and the High Court of Delhi, appears for accused persons at the stages of bail, framing of charge and trial, and advises complainants on filing complaints, recording of statements and pursuing prosecution. The chamber also handles connected proceedings such as complaints regarding police inaction and cross-FIR situations.
Frequently Asked Questions
Is physical contact necessary for an offence of assault?
No. Under Section 351 IPC, now Section 130 BNS, assault is complete when a gesture or preparation causes a person to apprehend that criminal force is about to be used. Actual contact amounts to the separate concept of criminal force. Both are punishable under Section 352 IPC, now Section 131 BNS, with imprisonment up to three months, fine, or both.
Is simple assault a bailable offence?
Yes. Simple assault or criminal force under Section 352 IPC, corresponding to Section 131 BNS, is bailable and non-cognizable, so the police ordinarily require a Magistrate's order before investigating. Aggravated forms, such as assault on a public servant or assault to outrage a woman's modesty, are treated more seriously and may be cognizable and non-bailable.
Which law applies if the incident happened before 1 July 2024?
The Indian Penal Code and the Code of Criminal Procedure continue to govern offences committed before 1 July 2024, even if the trial takes place later. For incidents on or after that date, the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita apply. The chamber advises on which regime governs a particular case.
Does the chamber act for complainants as well as accused persons?
Yes. The chamber defends persons accused of assault and also advises complainants on registering FIRs or complaints, pursuing investigation and assisting the prosecution. In cross-case situations, where both sides have lodged complaints, the chamber advises on the combined strategy for both proceedings before the Delhi courts.