08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
Assault
351. 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, is said to commit an assault.
Explanation. 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 preparations amount to an assault.
Illustrations
(a) A shakes his fist at Z, intending or knowing it to be likely that he may
thereby cause Z to believe that A is about to strike Z. A has committed an
assault.
(b) A begins to unloose the muzzle of a ferocious dog, intending, or knowing it to
be likely that he may thereby cause Z to believe that he is about to cause the
dog to attack Z. A has committed an assault upon Z.
(c) A takes up a stick, saying to Z, "I will give you a beating". Here, though the
words used by A could in no case amount to an assault, and though the mere
gesture, unaccompanied by any other circumstances, might not amount to an
assault, the gesture explained by the words may amount to an assault.
352. Whoever assaults or uses criminal force to any person otherwise than on
grave and sudden provocation given by that person, shall be punished with
imprisonment of either description for a term which may extend to three months,
or with fine which may extend to five hundred taka, or with both.
Explanation. Grave and sudden provocation will not mitigate the punishment for
an offence under this section, if the provocation is sought or voluntarily provoked
by the offender as an excuse for the offence, or
if the provocation is given by anything done in obedience to the law, or by a
public servant, in the lawful exercise of the powers of such public servant, or
if the provocation is given by anything done in the lawful exercise of the right of
private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is
a question of fact.
Punishment for
assault or criminal
force otherwise than
on grave provocation
Assault or criminal
force to deter public
servant from
discharge of his duty
353. Whoever assaults or uses criminal force to any person being a public
servant in the execution of his duty as such public servant, or with intent to
prevent or deter that person from discharging his duty as such public servant, or
in consequence
of anything done or attempted to be done by such person in the lawful discharge
of his duty as such public servant, shall be punished with imprisonment of either
description for a term which may extend to 123[ three years], or with fine, or
with both.
Assault or criminal
force to woman with
intent to outage her
modesty
354. Whoever assaults or uses criminal force to any woman, intending to outrage
or knowing it to be likely that he will thereby outrage her modesty, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
355. Whoever assaults or uses criminal force to any person, intending thereby to
dishonour that person, otherwise than on grave and sudden provocation given by
that person, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
Assault or criminal
force with intent to
dishonour person,
otherwise than on
grave provocation
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