The Supreme Court has stated that merely shouting at or threatening someone does not constitute an offence of assault.

This observation was made by a bench consisting of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah during a case involving an employee of the Indian Institute of Astrophysics.

The employee was charged under Section 353 of the IPC (Assault) for shouting and threatening staff at the Central Administrative Tribunal while they were reviewing the files related to his dismissal from service.

“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.”

After reviewing the entire complaint on record, the Court noted that the High Court erred in declining to quash the FIR. It determined that none of the necessary elements of the offence of assault under Section 353 of the IPC were present in this 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.