Whoever, having the actual charge of or control over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes or procures him to be assaulted, abondoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months or fine, or with both.
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Comment:
Cruelty to juvenile or child is punishable under this section with imprisonment which may extend to six months or fine, or with both. The word ‘cruelty’ for the purpose of this section includes—(i) assault, (ii) abandonment (iii) exposure, or (iv) wilful neglect of juvenile or child which causes him mental or physical suffering.
The term ‘assault’ has been defined under Section 351 of Indian Penal Code to mean making any gesture or preparation intending or knowing it to be likely to cause any person to apprehend that he who makes such gesture or preparation is about to use criminal force against him. Mere words do not amount to assault unless they are accompanied with gesture or preparation which will amount to assault.
Thus it would be seen that in the offence of assault it is not necessary that actual injury should have been caused to a person, mere gesture of a threatening would be sufficient to constitute the offence.