BNS Section 130: Assault, the definition (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Section 130 of the Bharatiya Nyaya Sanhita (BNS) defines assault. It is a definition, not an offence, so it carries no punishment on its own. In law, assault is not a physical blow. It is a gesture or preparation that makes a person present fear that criminal force is about to be used against them. The BNS has been in force since 1 July 2024. Section 130 replaced Section 351 of the Indian Penal Code (IPC). If you still look up "section 351 IPC", this is the provision you now need for the definition. This explainer sets out what assault means, how it differs from criminal force, and where the punishment is found. Last verified October 2026.

01Why the section number changed

For generations, the definition of assault sat in Section 351 of the Indian Penal Code. Since 1 July 2024 the IPC is replaced by the Bharatiya Nyaya Sanhita, 2023, and the definition now sits in Section 130 of the BNS.

This matters in daily practice. A charge for an offence committed on or after 1 July 2024 is framed under the BNS, so arguments on what counts as assault now point to Section 130, not Section 351. An older matter keeps its IPC number, because the law that applies is the law on the date of the offence.

02What Section 130 defines

Section 130 defines assault. A person commits assault when he makes any gesture or any preparation intending or knowing it to be likely that the gesture or preparation will cause any person present to apprehend that the person making it is about to use criminal force on him.

So assault is about the fear of imminent force, not the force itself. The victim must reasonably apprehend that criminal force is about to be used. The moment the force actually lands, the conduct crosses from assault into the use of criminal force.

Assault is the fear of imminent force, not the blow. Mere words do not amount to an assault.

An important limit is built in: mere words do not amount to an assault. But words can give a gesture or preparation the meaning that makes it an assault.

03The ingredients, with examples

To amount to assault under Section 130, there must be:

• A gesture or preparation by the accused.
• An intention, or knowledge of the likelihood, that it will cause a person present to apprehend the use of criminal force.
• A person present who is placed in that apprehension.

The section gives illustrations that make the idea concrete:

• Shaking a fist at a person, intending or knowing it likely to make him believe he is about to be struck, is an assault.
• Beginning to unleash a ferocious dog at a person may be an assault.
• Taking up a stick and saying "I will give you a beating" can be an assault, because the words give the gesture its threatening meaning, even though the words alone would not.

04Old to new: IPC 351 to BNS 130

Section 351 of the IPC is now Section 130 of the BNS. The definition and the illustrations are carried over.

Because the definition is carried over, case law under Section 351 still guides how Section 130 is read.

05No punishment of its own

Section 130 carries no punishment, because it is a definition. A person is not charged "under Section 130" as a standalone offence. The definition feeds into the offences that punish assault and criminal force.

• The general punishment for assault or criminal force, otherwise than on grave and sudden provocation, is in Section 131 of the BNS.
• Heavier forms, such as assault or criminal force to deter a public servant or to dishonour a person, have their own sections.

So the classification of a case, whether cognizable, bailable, and the trial court, follows the specific offence charged, not Section 130.

06Assault and criminal force

It helps to read Section 130 together with the definition of criminal force. Assault is the threat that makes a person fear imminent force. Criminal force is the actual use of force on a person without consent, to commit an offence or to cause injury, fear or annoyance. The two often run together, but they are distinct.

In practice, an incident may begin as an assault, the raised hand or the advancing step, and become the use of criminal force the instant contact is made. The definitions let the court describe each stage correctly.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Whether a gesture or a raised hand amounts to assault within Section 130 is argued case by case, and the answer often decides whether a complaint survives at all. To make that argument you want to see how courts have drawn the line under the old Section 351 and now under Section 130. Claw opens up more than 30 crore judgments and tracks the cases, orders and hearings that turn on this definition, searchable by party or advocate name, across 9,102 courts, benches and forums, with results on screen in under five seconds. The lighter offence of assault or criminal force on grave provocation is covered by Section 136 of the BNS.

Claw keeps your material private and does not use customer documents to train its AI models. Create a free Claw account to pull assault matters by party or advocate name and watch how the courts apply the test. To search the wider body of law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
• Section 130, BNS (bare text): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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