S. 353 IPC | Shouting & Threatening Someone Doesn't Amount To Assault : Supreme Court

The Supreme Court has observed that shouting and threatening someone doesn't amount to committing an offence of assault.

The bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah heard a case where the FIR under Section 353 of IPC (Assault) was registered against the Indian Institute of Astrophysics employee for shouting and threatening the CAT's Staff while inspecting the files of his dismissal from service.

Assault is defined under Section 353 of the Indian Penal Code as under:-

“353 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.”

Upon perusing the entire complaint on record, the Court said that the High Court committed an error in refusing to quash the FIR as none of the ingredients of the offence of assault under Section 353 of IPC was fulfilled in the case.

“...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...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.”, the court observed.

Accordingly, the appeal was allowed.

Case Title: K. DHANANJAY VERSUS CABINET SECRETARY & ORS. 

Citation : 2024 LiveLaw (SC) 847

Click here to read/download the order