Assault is a crime which involves physical attack or even a threat of the same. In UAE, It is considered as a serious “violent crime” and the punishment mainly depends upon the gravity of the offense.
As per the Federal Law No. (3) of 1987 (UAE Penal Code), the offense of assault can be categorised below-
- Assault under influence –
Article 336 of the Penal Code states that if the offense of assault is committed under the influence of alcohol or other forms of intoxication, it shall be considered as aggravating circumstance for assault and the accused shall be punished with an imprisonment which can be extended up to 10 years. - Assault with weapons:
As per Article 341 of the UAE penal code and its amendments, if an assault is committed using a weapon, or any other tool, the offender shall be punished with imprisonment as well as fine. For invoking this section, it is essential that the crime is committed with pre-mediation. - Domestic Assault:
Article 334 of the Penal Code punishes the offense of assault concerning adultery with imprisonment as well as with fine. This article is gender neutral and both the husband and the wife will be subject to the same. - Assault resulting in permanent injury:
It is dealt under Article 339 of the UAE Penal code. In simple words, it states that when the physical assault results in injury or disability to a person, the punishment for the same can be 1 year or fine or both. However, if the assault results in serious injury and the victim couldn’t perform his work for a period of 20 days, it is considered an aggravated condition and the punishment can be really harsh and prolonged. - Assault on means of communication and public utilities:
As per Article 288 of the UAE Penal code, if any person tries to assault any airplane or whip with an intention to capture it or cause harm to the passengers, then the accused shall be punished with life imprisonment.
Aggravating factors in an ‘assault’:
In the offense of assault, the “aggravating factor” plays a very vital role in determining the quantum of punishment. The offenses are classified as aggravated or otherwise and an aggravated offense is known as “felony”. Felony involves serious offenses which are punishable with long and strict imprisonment.
For classifying an offense involving “aggravated factor”, following factors need to be considered.
- Pre – mediation
It refers to the predetermined intention before the commission of an offense. If the accused has acted in a predetermined plan while committing the offense, it is attracted - Alcohol or Stupefaction –
As discussed earlier, committing an offense under the influence of intoxication shall be considered as aggravating circumstances. - Crime against pregnant women
As per Article 339, if the offense of assault is committed against a pregnant women which results in abortion, it is an aggravating circumstance. - Assault with deadly weapons –
If deadly weapons are put into use to inflict injury upon a person in a gang or individually, it shall also fall in the ambit of aggravating circumstances. - Assault resulting in Murder –
As per Article 342 of the Penal code, if any person causes death to any person shall be subject to imprisonment and fine. - Assault on an underage girl –
If an assault is committed by a male against a girl below the age of 14 years, he shall be punished with a rigorous imprisonment under Article 356 of the UAE Penal Code.
Conclusion
So, it is quite clear that the UAE law renders very strict punishment for the offense of assault. This offense is further divided into felony or misdemeanor, depending upon the gravity of the offense. The punishment ranges from fine to strict punishment including life imprisonment also