उच्चतम न्यायालय ने यह निर्णय दिया है कि केवल चिल्लाना और धमकी देना भारतीय दंड संहिता की धारा 353 के तहत हमला (assault) नहीं माना जाएगा, तथा ऐसे मामलों में आपराधिक कार्यवाही को रद्द किया जा सकता है।
In a recent order, the Supreme Court (SC) bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah observed that shouting and threatening someone does not amount to assault. While stating this, the bench determined the definition of assault under Section 353 of the India Penal Code (IPC), which states, “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.”
This was observed by the SC in a case where an FIR under Section 353 of IPC was lodged against an employee of the Indian Institute of Astrophysics for shouting and threatening the Central Administrative Tribunal’s Staff while inspecting documents in the office regarding his dismissal from service. The appellant’s petition for quashing the proceedings was dismissed, and as a result, the matter was mentioned before the top court.
The SC bench said, “...the only allegation against the appellant in the said complaint is that he was shouting and threatening the staff. This itself will not amount to any assault.” It added, “...none of the ingredients, as mentioned in Section 353 IPC, is reflected in the complaint letter. In other words, no offence under Section 353 IPC is made out in this case. The High Court, to our mind, has committed a mistake in not interfering in this case. This is a case which is nothing but an abuse of the process of law and therefore, in order to meet the ends of justice, we allow this appeal and quash the entire proceedings initiated against the appellant.” Therefore, the SC bench allowed the appeal.