The Supreme Court has observed that shouting and threatening someone does not amount to committing the crime of assault.

Bank including Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah was hearing a case where FIR under Section 353 of IPC (Assault) was registered against employee of Indian Institute of Astrophysics for shouting and threatening CAT staff while inspecting the files of his dismissal from service.

Assault is defined in section 353 of the Indian Penal Code as follows:-

“353 Assault – Whoever makes any gesture or preparation intending or knowing that it is likely that such gesture or preparation will cause any person present to understand that the person making that gesture or preparation is about to use criminal force against that person , is said to commit an attack.”

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

“…the only allegation against the appellant in the said complaint is that he was shouting and threatening the staff. This in itself will not amount to any attack…In our view, the High Court erred in not intervening 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 suit against the appellant.”the court observed.

Consequently, the appeal was allowed.

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

Click here to read/download the order