Can You Be Booked For Assault For Threatening, Shouting? Here's What SC Said

Here's what the Supreme Court said while dealing with a case of assault against a man for shouting and threatening officials

The Supreme Court in a recent order while quashing an assault case against a person has observed that threatening and shouting at someone doesn't amount to committing an offence of assault under Section 353 of IPC.

A bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah quashed the proceedings under Section 353 of IPC (Assault) against an Indian Institute of Astrophysics employee for shouting and threatening at the CAT's Staff while inspecting the files of his dismissal from service.

The complaint filed against the person by the CAT staff said that they had kept every document ready and asked him to come and get it and inspect the document which he wanted. "But, apparently he wanted some other documents also which we felt had nothing to do with the order of the CIC. Therefore, being an official document, we had refused. Thereupon he started shouting and threatening us...He threatening and shouted at them and disrupted the work of the office. Hearing the shouts and cries, people around gathered and I had   immediately informed the police. Kindly take necessary action.”

Taking noted of the above complaint, the court said that 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. 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.”

The court held that the complaint against the person had none of the ingredients, as mentioned in Section 353 IPC.

"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." the top court ruled.