Assault
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.
Key Points:
Definition of Assault:
An assault is defined as an act where a person makes a gesture or prepares to act in a way that intentionally or knowingly causes another person to fear that they are about to be subjected to criminal force.
Components of Assault:
Gesture or Preparation: This can include physical movements, body language, or other preparatory actions that imply an imminent threat of violence.
Intent or Knowledge: The person making the gesture or preparation must either intend to create fear of criminal force or know that their actions are likely to do so.
Apprehension: The focus is on the effect of the gesture or preparation on the other person, specifically their apprehension or fear regarding the possibility of being harmed.
Explanation:
Mere Words Are Not Assault: This section clarifies that simply using words alone does not constitute an assault. However, if the words combined with gestures or actions give a threatening context, they can contribute to an assault.
The meaning derived from the words and gestures is significant; together, they may create a reasonable apprehension of imminent harm.
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