Section 351 specifies certain essential elements in order to constitute an offence of assault -

Any gesture or any preparation
Such gesture or preparation is intending or knowing it to be likely to cause any person to apprehend use of criminal force against him.

Section 352 of IPC provides for the punishment in cases of assault or use of criminal force.

General Rule
The punishment shall be imprisonment for a term which may extend to 3 months or fine which may extend to five hundred rupees or both.

Exception
Assault or use of criminal force made under grave and sudden provocation given by the person apprehending such an offence. Further, the explanation to Section 352 of IPC prescribes that whether the provocation was grave and sudden enough to mitigate the offence is a question of fact.

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