Delhi Assault Case: What Constitutes Assault And Laws That Protect You

The Delhi assault case on a 20-year-old woman has been painted across all the leading newspapers and news channels since yesterday. The brutal atrocity that has been committed has raised questions on whether it was a sexual assault case or a hit-and-run accident. While the debate is on amidst people, the parents of the victim, the police, news channels and more stakeholders, what is certain is that this should be unacceptable in a civilised nation.

Here Is How To Know That You Have Been Assaulted

Kanjhawala death case: Post-mortem rules out sexual assault claims, reveals injuries due to "dragging"

Read @ANI Story | https://t.co/Om3PuvGL2A#KanjhawalaDeathCase#PostMortem#Delhiaccidentpic.twitter.com/RFRvYJ2GuN

— ANI Digital (@ani_digital) January 3, 2023

According to Section 351 of the Indian Penal Code, “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.”

Hence, in line with this provision one can discern that an assault is basically an attempt or a gesture intended to cause hurt. And in case, an individual feels threatened for the same or sees it coming, they should know they are being subject to an assault.

The Laws That Protect You From Assault

Kanjhawala death case | The deceased was not alone on her scooty. A girl was with her at the time of the accident. She walked away from the spot after the accident. Now we have an eyewitness of the incident. Her statement will be recorded under 164 CrPC: Special CP (L&O) Zone II pic.twitter.com/HO7VcL4CMl

— ANI (@ANI) January 3, 2023

Here is a list of the provisions of Indian Penal Code, 1860 that count in this case:

• Section 279 of Indian Penal Code - Rash driving amounts to either six months in prison or ₹1000
• Section 304A of Indian Penal Code - Death by rash driving can lead to two years + Fine (as determined by Court)
• Section 336 of Indian Penal Code - Endangering life/safety of others can lead to three months + ₹250
• Section 337 of Indian Penal Code - Causing hurt to others by rash driving amounts to six months and ₹ 500
• Section 338 of Indian Penal Code - Causing grievous hurt to others by rash driving amounts to two years and ₹1000 fine

• Additionally, Section 161, 163 & 163A of Motor Vehicles Act, 1988 prescribed the manner of compensation in Hit & Run Cases such as the current case.

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"Administration and Police needs to be sensitised towards crime against women. Police and Administration must work in tandem to identify and mark areas having poor lighting or lesser vigilance and pay special attention. Funds from Nirbhaya Fund must not remain only on balance sheets and should also be used in women-oriented solutions like all-women patrolling, women police chowki, etc," says our legal expert Mr. Parv Garg, Advocate & Managing Partner of Lex Solicitous, Advocates & Solicitors, practising at the High Court of Delhi & Supreme Court of India. He mentions particularly that Section 304A of the Indian Penal Code applies in the case of Singh.

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He adds, "Police is considering this incident as a Hit & Run Case and has charged the accused persons under Section 279 & 304A, IPC. However, it has been revealed that most of the accused persons have admitted that they knew about the body of the girl being entangled in wheels but they continued to drive because of being in an inebriated state. This admission, so widely circulated in news, prima facie, makes a case of murder punishable under Section 300, IPC and therefore, police should charge the perpetrators under stricter provisions."