There is a close resemblance between Hurt and Assault. Many of the offences which fall under the head of Hurt will also fall under the Head of Assault. However, there are certain clear differences between them.
Hurt:
1. Section 319 defines Hurt: “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”
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2. The gestures or any preparations of a person causing apprehension that he is going to use criminal force cannot be treated as a hurt.
3. In a hurt, there must be certain act causing bodily pain, disease or infirmity to any person.
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4. Examples:
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a. Dragging a person by force in aggressive mood;
b. Fisting a person by force in angry;
c. Administering poisonous drug such as dhatura leaves;
Causing a shock or delivering shocking news to a person of weak heart;
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Digging a pit in the way to cause a person usually comes with an intention to cause injury to him.
5. Hurt is punishable when it is accompanied with other offences, such as voluntarily causing hurt, etc.
Assault:
1. Section 351 defines “Assault”: “Whoever makes any gesture or any preparation intending 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.”
2. The gestures or any preparations of a person causing apprehension that he is going to use criminal force are treated as assault.
3. In an assault, bodily pain, disease or infirmity need not present. Only apprehension of danger or criminal force is sufficient.
4. Examples:
a. A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.
b. A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.
c. Pointing a pistol towards a person;
d. Lifting a lathi;
e. Throwing a brick or stone on the house of the complainant with an intention to threaten.
5. Assault itself is a punishable offence. (Sec. 352)