“Law Master’s Publication”

‘Criminal Force and Assault’

Prof. Santosh D. Bhosale 113

(..17..)

Offences Affecting the Human Body

[Chapter XVI 299 to 377]

CRIMINAL FORCE AND ASSAULT (Ss. 349 to 358).

QUESTION BANK

Q.1 What is force distinguish between criminal force distinguish between criminal

force and assault.

SHORT NOTES

1. Assault

2. Assault and Criminal Force

SYNOPSIS

FORCE

CRIMINAL FORCE (S. 350)

II]

III]

ASSAULT [S. 351]

DISTINCTION BETWEEN ‘ASSAULT’ AND ‘CRIMINAL FORCE’

FORCE:-

S 349 defines the force. It provides that a person is said to use force on another-

If he causes motion to that other, or

If he causes to any substance such motion, or change of motion, or cessation

of motion as brings that substance into contact-

With any part of that other’s body or

ii)

iii)

With anything that other is wearing or carrying, or

With anything so situated that such contact that other’s sense

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‘Criminal Force and Assault’

Prof. Santosh D. Bhosale 114

of feeling’-

Provided that he does so (‘a’ to ‘c’) in one of the three following ways:-

by his own bodily power.

ii)

by disposing of any substance in such a manner that the motion

or change or cessation of motion takes place without any further

act on his part or the part of any other person.

by inducing any animal to move, to change its motion, or to cease

to move. (S. 349)

iii)

CRIMINAL FORCE (S.350):-

A Person uses criminal force on another if -

ii)

He intentionally uses force on any person.

Without that person’s consent.

iii)

iv)

In order to commit any offence. or

Intending by the use of such force to cause or knowing it to be likely

that by the use of such force, he will cause injury, fear, or annoyance

to the person to whom the force is used (S.350)¹.

¹Illustrations-

(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat

to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a

manner that the motion is produced without any other action on any person's part. A has thereby intentionally used

force to Z; and if he has done so without Z's consent, in order to committing any offence, or intending or knowing it

to be likely that this use of force will cause injury, fear of annoyance to Z, A has used criminal force to Z.

(b) Z is riding in a chariot. A lashes Z's horses, and thereby causes them to quicken their pace. Here A has

caused change of motion to Z by inducing the animals to change their motion. A has, therefore, used force to Z and if

A has done this without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy

Z, A has used criminal force to Z.

caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z and

as A has acted thus intentionally, without Z's consent, in order to the commission of an offence; A has used criminal

force to Z.

(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person

so as to bring it into contact with Z. He has, therefore, intentionally used force to Z; and if he has done so without Z's

consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal

force to Z.

(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with

Z, or with Z's clothes, . or with something carried by A, or that it will strike water, and dash up the water against Z's

clothes or something carried by Z. Here, if the throwing of the stone produces the effect of causing any substance to

come in contact with Z, or Z's clothes, A has used force to Z, and if he did so without Z's consent, intending to injure,

frighten or annoy Z, he has used criminal force to Z.

(f) A intentionally pulls up a woman's veil. Here A intentionally uses force to her, and if he does so without

her consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal

force to her.

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‘Criminal Force and Assault’

Prof. Santosh D. Bhosale 115

II]

ASSAULT (S. 351):-

A person commits an assault if he -

Makes any gesture or any preparation.

Intending or knowing it to be likely that-

Such gesture or preparation will cause any

a person present to apprehend,

ii) That he who makes that gesture or preparation

is about to use criminal force on that person.

Explanation: - Mere words do not amount to an assault, but the words which a person

uses may give to his gestures or preparation such a meaning as may make those gestures

or preparations amount to an assault.

Illustrations

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) A takes up a stick, saying to Z, "I will give you a beating", Here, though, the

words used by A could result in no case amounting to an assault, and

though the mere gesture unaccompanied by any other circumstances might not

amount to an assault, the gesture explained by the words may amount to an assault.

The meaning of assault, as understood in the Code, is at variance with the popular

sense. According to the popular sense, assault means actual beating whereas, when there

is beating, it is hurt according to I.P.C. Actual beating is a battery in English law.

PUNISHMENT:-

Punishment for assault and criminal force is imprisonment of up to 3 months or

a fine of up to Rs. 500 or both (S. 352). But in case of assault made on the grave and sudden

provocation, punishment is imprisonment up to one month or a fine up to Rs. 200 or both

( Sec. 358)

III]

DISTINCTION BETWEEN ‘ASSAULT’ AND ‘CRIMINAL FORCE’:-

An assault is something less than the use of ‘criminal force’. ‘Criminal force’ is the

(g) Z is bathing. A pours something into the bath water, which he knows to be boiling. Here A intentionally

by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other

water so situated that such contact must affect Z's sense of feeling. A has therefore intentionally used force to Z and

if he has done this without Z's consent, intending or knowing it to be likely that he may thereby cause injury, fear or

annoyance to Z, A has used criminal force.

(h) A incites a dog to spring upon Z, without Z's consent. Here, if A intends to cause injury, fear or annoyance

to Z, he uses criminal force to Z.

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actual

implementation. Thus, an assault is included in every use of criminal force.

Aggravated forms of assault and criminal force-

Assault or criminal force to deter a public servant from discharging his duty.

Punishment Imprisonment up to two years or/with²a fine (S. 353).

Assault or criminal force on a woman with intent to outrage her modesty.

Punishment- Imprisonment up to two years or/with a fine (S. 354).

Assault and criminal force in an attempt to commit theft of property carried

a person. Punishment- Imprisonment up to two years or/with a fine (S. 356).

Assault or criminal force in attempting wrongfully to confine a person. Punishment

Imprisonment up to one year or with a fine up to Rs. 1000/- with both (S. 357).

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