Criminal LawSection 130, Bharatiya Nyaya Sanhita, 2023

BNS Section 130

Is raising my fist at someone considered assault under Indian law?

Short answer

Yes, if you raise your fist intending the other person to fear you will use force, it is assault.

In detail

Under the Bharatiya Nyaya Sanhita, assault is not just about physical contact. It occurs when a person makes a gesture or prepares an action that a reasonable person present would think is about to turn into criminal force. The key is the victim's apprehension of imminent harm, not the actual use of force. Simple words alone do not make an assault, but if words give meaning to a threatening gesture, the combination can count as assault. For example, shaking a fist at someone with the intention that they believe you will strike them is assault. Similarly, unloosing a dangerous dog or holding a stick while threatening the person can also be assault. The law focuses on the fear created in the other person, not just the speaker's intent, and it requires that the gesture or preparation is likely to cause that fear.

Reviewed by LegalX Editorial · 3 September 2026View source

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