Section 349 – Force – A person is said to use force to another 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 with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling…
Ingredients
At the most basic level, Force is said to be
applied when a person
- Causes motion
or
- Change of
motion or
- Cessation
of motion
This Section comes into operation when such
force is applied to
- Any person
or
- Any substance
In the manner described below.
A person is said to use force to another 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 with:
(i) Any part of that other’s body OR
(ii) Anything which that other is wearing or carrying OR
(iii) Anything so situated that such contact affects that other’s sense of feeling
Proviso – Provided that
the person causing the motion, or change of motion, or cessation of motion,
causes that motion, change of motion or cessation of motion in one of the three
ways hereinafter described.
First – By his own
bodily power
Secondly – By disposing
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 on the part of any other
person.
Thirdly – By inducing
any animal to move, to change its motion, or to cease to move.
Ingredients of the Proviso
It is not enough that the force should
be applied in the manner described in the section to either any person or any
substance. The proviso to the section lays down three ways in which such force
must be applied so as to bring this section into operation.
1. First, force can be applied by his own bodily power
2. Secondly, it can be applied by disposing 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
- on the part of any other person
3. Thirdly, it can be applied by inducing any animal to:
o move OR
o to change its motion OR
o to cease to move
Section 350 – Criminal Force – Whoever intentionally uses force to any person, without the person’s consent, in order to the committing of 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, is said to use criminal force to that other.
Ingredients
1. There must be intentional use of force to any person.
2. Such use of force must be without the other person’s consent.
3. Such use of force must be directed towards:
Actual consequence – in order to the committing of any offence
Intention – Intending to cause
Knowledge – knowing it to be likely that he will cause
- Injury OR
- Fear OR
- Annoyance
4. The injury, fear or annoyance must be caused to the person to whom the force is used.
5. When the above ingredients are fulfilled, then it can be said to be Criminal Force.
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 therefore intentionally used force to Z; and if he has done so without Z's
consent, in order to the committing of any offence, or intending or knowing it
to be likely that this use of force will cause injury, fear or 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 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 Z, 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 produce
the effect of causing any substance to come into contact with Z, or Z's
clothes, A has used force to Z, and if he did so without Z's consent, intending
thereby 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 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.
Section
351
– Assault - Whoever makes any
gesture, or any preparation intending or 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.
Ingredients of the Section
1. The offender must make any gesture or preparation.
2. Such gesture or preparation must be with an intention or knowledge that it will cause apprehension in the mind of another person.
3. The person in whose mind the apprehension is caused must be present with the offender.
4. Such apprehension must be that the offender is about to use criminal force to him.
5. If the above ingredients are fulfilled, there will be assault.
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.
Ingredients of Explanation
1. Mere words do not amount to an assault.
2. However, the words used, combined with the gestures or preparation made, may give them such a meaning as to make them 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 in no case amount 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.
Section
352
– Punishment for assault or criminal force otherwise
than on grave provocation - Up to three months imprisonment of either
description or fine of Rs. 500/- or both.
Explanation – Grave and
sudden provocation will not mitigate the punishment for an offence under this
section if the provocation is sought or voluntarily provoked by the offender as
an excuse for the offence or
If the provocation is given by anything
done in obedience to the law, or by a public servant, in the lawful exercise of
the powers of such public servant, or
If the provocation is given by anything
done in the lawful exercise of the right of private defence.
Whether the provocation was grave and
sudden enough to mitigate the offence, is a question of fact.
Ingredients of the Explanation
Section 352 prescribes punishment for assault or criminal force. However, it also provides the defence of grave provocation to the person accused of making assault or using criminal force. The Explanation to this section lays down the scenarios where the defence of grave and sudden provocation will not be accepted. These are:
1. If the provocation is sought or voluntarily provoked by the offender as an excuse for the offence
2. If the provocation is given by anything done in obedience to the law.
3. If the provocation is given by a public servant, in the lawful exercise of the powers of such public servant
4. If the provocation is given by anything done in the lawful exercise of the right of private defence.
Finally,
the explanation provides that whether the provocation was grave and sudden
enough to mitigate the offence is a question of fact.
Classification of the Offence
- Non Cognizable- Bailable
- Triable by any Magistrate
- Compoundable by the person assaulted or to whom criminal force is used
Important
Case Law
– Jadunandan Singh v Emperor (AIR 1941
Patna HC) – Forcibly taking thumb impression of a person on a blank piece
of paper amounts to an offence of assault or use of criminal force punishable
under this section.
Section 353 – Assault or criminal force to deter public servant from discharge of his duty – Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant…
Ingredients
1. The offender must assault or use criminal force on a public servant.
2. Such
assault or criminal force must be made in either of the following scenarios:
o When the person who is assaulted or on whom the criminal force is used is in the execution of his duty as such public servant OR
o The offender intends to prevent or deter him from discharging his duty as such public servant OR
o The offender assaults or uses criminal force on such public servant in consequence of anything done or attempted to be done by him in the lawful discharge of his duty.
Punishment – Up to two
years imprisonment of either description or fine or both.
Classification of Offence
- Cognizable- Non-Bailable
- Triable by any Magistrate
- Non-Compoundable
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