Understanding Your Rights After Being Assaulted

• Criminal Force (Section 129 BNS): Using force without consent to cause harm.

• Assault (Section 130 BNS): Whoever makes gestures, or any preparation or actions causing fear of possible harm, even without physical contact.

Essentials: 

• Gesture or Preparation: Making a gesture or preparation with the intent to use criminal force constitutes assault.

• Cause Apprehension of Assault: Assault involves actions intended to cause fear of harm, even if physical contact does not occur.

Legal Framework under Bharatiya Nyay Sanhita, 2023: 

• Assault or criminal force ( Section 131): Imprisonment for 3 months, or fine of 1,000 Rupees or both.

• Assault to discourage  public servant from his duty (Section 132): Imprisonment for 2 years, or fine, or both.

• Assault with intent to dishonour person (Section 133): Imprisonment for 2 years, or fine.

• Assault in attempt to commit theft of property carried by person ( Section 134): Imprisonment for 2 years, or fine.

• Assault in attempt to wrongfully confine a person ( Section 135): Imprisonment for 1 year, or fine of 5,000 Rupees, or both.

• Assault on grave provocation ( Section 136) : Imprisonment for 1 month, or fine of 1,000 rupees or both.

Police Procedure:

1. Report the Assault:

   • File a Complaint: Visit the nearest police station to report the assault and file an FIR (First Information Report).

   • Provide Details: Share information about the incident, including the nature of the assault, suspect details, and any injuries.

2. Police Response:

   • Investigation: Officers will investigate the complaint, collect evidence, and interview witnesses.

   • Medical Examination: Obtain a medical report for injuries sustained, which will be part of the evidence.

Filing a Case:

1. Consult a Lawyer:

   • Legal Advice: Seek advice from a lawyer to understand your rights and the legal process.

2. Prepare Documentation:

   • Collect Evidence: Gather medical reports, witness statements, and any other relevant documents.

3. File a Complaint in Court:

   • Petition: Submit a formal complaint or petition to the court with all supporting evidence.

4. Attend Court Hearings:

   • Participate: Attend court sessions and provide testimony if required.

5. Follow Legal Proceedings:

   • Track Progress: Stay updated on the case and any legal developments.