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Offences Affecting the Human Body

[Chapter VI]

CRIMINAL FORCE¹AND ASSAULT²(Ss. 128 to 136).

QUESTION BANK

Q.1 What is “force”? Distinguish between criminal force and assault.

SHORT NOTES

1. Assault

2. Assault and Criminal Force

SYNOPSIS

I. Introduction-

II. Force: Section 128 BNS-

III. Criminal Force: Section 129 BNS-

a. Definition of Criminal Force (S. 129)-

b. Ingredients of Criminal Force-

c. Illustrations-

d. Punishment-

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फौजदारी सवꢀपाचा बळꢁयोग [बल का आपराधिक उपयोग]

हमला

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IV. Assault:

a. Definition of Assault (S. 130)-

b. Ingredients of Assault-

c. Punishment for assault or criminal force otherwise than on grave

provocation (S. 131)-

V. Aggravated Forms of Assault and Criminal Force -

1. Assault or Criminal Force to Deter Public Servant from Discharge of His

Duty (S. 132)-

2. Assault or Criminal Force with Intent to Dishonor Person, Otherwise than

on Grave Provocation (S. 133)-

4. Assault or Criminal Force in Attempt to Commit Theft of Property Carried

by a Person (S. 134)-

5. Assault or Criminal Force in Attempt Wrongfully to Confine a Person (S.

135)-

6. Assault or Criminal Force on Grave Provocation (S. 136)-

V. Difference between "Criminal Force" and "Assault"-

VI. Conclusion-

I. Introduction

The Bharatiya Nyaya Sanhita (BNS), 2023, represents a significant legislative shift

in India, replacing the long-standing Indian Penal Code (IPC), 1860. It re-codifies and

modernizes various provisions, including those related to offenses against the human body.

Among these are the distinct but related concepts of force, criminal force, and assault.

While they may seem interchangeable in common parlance, they have specific and separate

legal meanings that are crucial for determining culpability and punishment.

II. Force: Section 128 BNS-

S. 128 defines the force. It provides that a person is said to use force onto another-

a)

b)

If he causes motion, change of motion, or cessation of 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-

i)

With any part of that other’s body, or

ii)

iii)

With anything which that other is wearing or carrying, or

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

sense of feeling

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

i) by his own bodily power.

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ii)

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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.

iii)

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

move.

Essentially, Section 128 defines the physical act of applying power to another,

which serves as the foundational element for the more serious offenses of criminal force

and assault.

III. Criminal Force: Section 129 BNS-

a. Definition of Criminal Force (S. 129)-

i. Whoever intentionally uses force to any person,

ii. without that person's consent,

iii. in order to the committing of any offence, or

(b) intending by the use of such force to cause, or

(c) knowing it to be likely that by the use of such force

(d) he will cause injury, fear or annoyance to the person to whom the force

is used,

iv. is said to use criminal force to that other.

b. Ingredients of Criminal Force-

For an act to be categorized as criminal force, the following conditions must be met:

1. Use of Force: There must be an actual use of force, as defined in Section 128.

2. Lack of Consent: The force must be used without the explicit or implicit consent

of the person to whom it is applied.

3. Specific Intent (Mens Rea): The person using the force must have a guilty mind,

which is demonstrated by one of the following:

a. Intention to commit an offense: For example, pushing someone to snatch their

bag.

b. Intention to cause injury, fear, or annoyance:

c. Knowledge that it is likely to cause injury, fear, or annoyance: For example,

spraying water on someone's face, knowing they will be annoyed.

c. Illustrations-

(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

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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.

(c) Z is riding in a palanquin. A intending to rob Z, seizes the pole and stops the

palanquin. Here A has 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 Z³.

d. Punishment

The general punishment for using criminal force is prescribed in Section 129 of

BNS. The offense is punishable with imprisonment for a term that may extend to three

months, or with a fine that may extend to one thousand rupees, or with both.

IV. Assault:

a. Definition of Assault (S. 130)-

i. Whoever makes any gesture, or any preparation

ii. intending or knowing it to be likely that

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(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.

(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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iii. Such gesture or preparation will cause any person present to apprehend

iv. that he who makes that gesture or preparation is about to use criminal force to

that person,

v. is said to commit an assault.

Explanation.— Mere words do not amount to an assault. But the words which a person

uses may give to his gestures or preparations 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.³

(c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used

by A could in no case amount to an⁴assault, 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.

b. Ingredients of Assault-

The core components of assault are:

1. Gesture or Preparation: There must be a physical action, such as a raised fist, a

threatening stance, or pointing a weapon.

2. Presence: The gesture or preparation must be made towards a person who is

physically present and aware of the action.

3. Apprehension: The crucial element is that the gesture must cause the victim to

apprehend or fear that criminal force is imminent. It is the psychological impact on

the victim, not the actual use of force, that constitutes the offense.

c. Punishment for assault or criminal force otherwise than on grave provocation (S.

131)-

The general punishment for assault or criminal force otherwise than on grave

provocation is outlined in Section 131 of BNS. The offense is punishable with

imprisonment for a term that may extend to three months, or with a fine that may extend

to one thousand rupees, or with both.

V. Aggravated Forms of Assault and Criminal Force -

Certain forms of assault and criminal force are considered more serious due to the

context in which they are committed, such as when they are directed at public servants or

involve the intent to dishonor or outrage the modesty of a person. The Bharatiya Nyaya

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Sanhita, 2023, outlines these aggravated offenses and prescribes stricter punishments for

them.

1. Assault or Criminal Force to Deter Public Servant from Discharge of His Duty (S.

132)-

This section deals with offences committed against a public servant while they are

performing their official duties. The aim is to protect public servants from obstruction and

allow them to carry out their functions without fear of violence.

Punishment: Any person who commits this offense shall be punished with

imprisonment of either description for a term which may extend to two years, or with a

fine, or with both.

2. Assault or Criminal Force with Intent to Dishonor Person, Otherwise than on

Grave Provocation (S. 133)-

This section addresses assaults or the use of criminal force intended to humiliate or

dishonor a person, where there is no grave and sudden provocation.

Punishment: The offender shall be punished with imprisonment of either description for

a term which may extend to two years, or with a fine, or with both.

3. Assault or Criminal Force in Attempt to Commit Theft of Property Carried by a

Person (S. 134)-

This section deals with situations where assault or criminal force is used in an

attempt to steal property that a person is carrying or wearing.

Punishment: The punishment prescribed is imprisonment of either description for a term

which may extend to two years, or with a fine, or with both.

4. Assault or Criminal Force in Attempt Wrongfully to Confine a Person (S. 135)-

This section pertains to the use of assault or criminal force with the objective of

wrongfully confining an individual. A person found guilty of this offense shall be punished

with imprisonment of either description for a term which may extend to one year, or with

a fine which may extend to five thousand rupees, or with both.

5. Assault or Criminal Force on Grave Provocation (S. 136)-

The use of assault or criminal force on grave and sudden provocation by that person

is punishable with simple imprisonment for a term which may extend to one month, or with

a fine which may extend to one thousand rupees or with both.

V. Difference between "Criminal Force" and "Assault"

The primary distinction between criminal force and assault lies in the nature of the

act. While closely related, they are not the same offense.

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Feature

Criminal Force

Assault

1. Nature of

the Act

The actual use of force

on a person.

The making of a gesture or preparation

that causes apprehension of force.

2.

Key

The application of

The apprehension of physical force.

Element

physical force.

3. Stage of

Offense

The act itself.

The precursor or threat of the act.

Pushing someone to

steal their wallet.

Shaking a fist at someone to threaten

them.

4. Example

In simple terms, assault is the threat, while criminal force is the execution of that

threat. An assault may not always be followed by criminal force, but an act of criminal

force is always preceded by an assault (which can be momentary, as the action itself serves

as the gesture or preparation).

VI. Conclusion-

The BNS, 2023, meticulously defines the concepts of force, criminal force, and

assault, creating a clear legal framework for offenses against the human body. Force is the

fundamental physical act, assault is the apprehension of that force, and criminal force is

the actual use of that force with a specific unlawful intent. This distinction is vital for

prosecuting offenses accurately and ensuring that the law addresses both the physical act

and the psychological impact on the victim.

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