1.

Assault/Criminal Force

1.1 Discuss the decisions of the courts in the cases of:

(i) Chandrika Sao v The State of Bihar [1964] (1) (Vol. 30) SCJ 116

Facts

- Mr Singh who is a tax inspector entered a shop to inspect the account book. He took up 2 sets of
the account book and started examining. Later, the app snatched the books away from his
hands. This caused Singh’s hand to jerk

Held

- The app’s act of snatching away the book from Mr Singh’s hands had caused a jerk. Hence, the
app is said to have caused motion to Mr Singh’s hand. The natural effect of snatching away the
books by the app would be to affect the sense of feeling of the hands of Mr Singh.
- The app used force and intentionally caused annoyance to Mr Singh.

(ii) Jashanmal v Brahmanand AIR (31) 1944 Sind 19;

Facts

- In this case, resp had been evicted by the landlord. He tried to get revenged by vacating others
from that building too. Resp later confronted with app’s wife with a pistol in his hand.

Held

- S 352 – Assault was established as in this case the accused put out his hand towards the woman
in a menacing manner to cause her to apprehend that he was about to use criminal force.

(iii) Datuk Seri Samy Vellu v S Nadarajah [2000] 8 CLJ

Facts

- App in this case had angered and challenged resp in meeting of Maika Holding. He had also went
to resp to hit him but stopped as soon as he saw a group of media/journalist over there

Held

- It must be proven before the court that assault took place. There shouldn’t be any provocation
done by the victim which caused a grave anger.
- There’s no assault had taken place if the accused is incapacitated from carrying the thread he
said he wanted to do (stopped by 3rd party from hitting the victim)
- To established assault, it must be proven that the accused must have his way to execute the
threat done
2.1. Ah Long operates an unlicensed money lending business. Kassim borrowed RM 10,000 from him.
Kassim had failed to pay the installment for a year. Ah Long asked his assistant Bala to see Kassim for the
payment. Bala saw Kassim and warned Kassim to pay, if not he is not safe. Bala shakes is fist at Kassim,
while threatening to strike Kassim if he did not pay. Kassim was so scared, he agreed to pay, even though
he knew he could not do so. Has Bala committed the offence of assault?

Issue : Whether Bala has committed assault towards Karim ?

Section 351

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.

Elements to prove the offence of Assault

- Actus reus
 Making any gesture/any preparation
 Must be a physical gesture
 Explanation to S 351 – mere words do not amount to assault
- Mens rea
 The accused must intend/ know that his gestures will cause apprehension of immediate
physical force