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Bhartiya Nayaya Sanhitha

Force and Criminal force under B.N.S

The Bharatiya Nyaya Sanhita (BNS), 2023 is a comprehensive substantive law containing all offenses and punishments. It has 358 sections, divided into 20 chapters, each addressing a different category of crime. Among these, Chapter VI deals with offenses affecting the human body, where Section 128 defines “force” and Section 129 elaborates on “criminal force.”

There is often confusion between the concepts of “force” and “criminal force” as both are categorized under the same chapter. Section 349 defines “force,” which is foundational for understanding criminal force, while Section 350 specifically addresses criminal force.

Definition of Force under Section 128

A person is said to use force to another if they cause motion, change of motion, or cessation of motion to that other person, or to any substance such motion, change of motion, or cessation of motion as brings that substance into contact with any part of the other’s body, or with anything they are wearing or carrying, or with anything so situated that such contact affects the other’s sense of feeling. This can occur in three ways:

  1. By their own bodily power.
  2. By disposing of any substance so that motion or change or cessation of motion occurs without further action by themselves or any other person.
  3. By inducing any animal to move, change its motion, or cease to move.

In simpler terms, force is used when a person causes motion, or change of motion, or cessation of motion, bringing that motion into contact with another person, their belongings, or affecting their sense of feeling. Force can be applied directly by bodily power, through objects, or by inducing animals.

Understanding Criminal Force under Section 129

Criminal force involves intentionally using force without the other person’s consent, intending to cause, or knowing that it is likely to cause, injury, fear, or annoyance. Unlike the general definition of force, criminal force explicitly includes intent and lack of consent.

Illustrations of Force and Criminal Force

  1. Force Example: B intentionally pushes H in a market, using bodily power to bring B into contact with H. This is force.
  2. Criminal Force Example: Q throws a stone at M, intending it to hit M or their belongings. If the stone makes contact, Q has used force. If Q did so to cause injury or annoyance, it is criminal force.

Judicial Approach

Chandrika Sao v. State of Bihar:
In this case, Mr. Bhupendra Narain Sinha, an Assistant Superintendent of Commercial Taxes, visited a shop to inspect account books. The appellant snatched the books from his hands, causing a motion that affected Sinha’s sense of feeling. The court held the appellant guilty under Section 353 (Assault on a public officer while performing his duty), noting that the appellant’s act constituted criminal force as it caused annoyance and fear of injury.

State of Bihar v. Musa Ansari:
Here, the accused forcibly made a 5-year-old girl touch his penis, causing injury. The court found him guilty under Sections 349, 350, and 354 (Assault or criminal force to a woman with intent to outrage her modesty), highlighting the use of force and criminal force.

Dr. Rajkumar Satyabroth Pal v. State of Maharashtra:
The applicant was accused of various offenses, including Sections 365, 366, 354, and 511. The court found that assault can be committed through gestures, preparation, or words, even without physical contact, though it did not find sufficient evidence for criminal force in this case.

Difference between force and criminal force

Certainly! Here’s a table outlining the differences between “force” and “criminal force” as per the Indian Penal Code:

AspectForce (Section 128)Criminal Force (Section 129)
DefinitionThe act of causing motion, change of motion, or cessation of motion to another person or to a substance that affects the other person.Intentional use of force without the person’s consent, intending to cause or knowing it is likely to cause injury, fear, or annoyance.
IntentionNo specific intention required.Requires specific intention to cause injury, fear, or annoyance.
ConsentConsent is not a factor in defining force.Lack of consent is crucial for it to be considered criminal force.
OffenseForce itself is not an offense but a concept used in other sections.Criminal force is an offense under the IPC.
ComponentsMotion, change of motion, or cessation of motion.Motion/change/cessation of motion combined with intent and lack of consent.
ExamplesPushing someone, throwing a stone at someone.Pushing someone with intent to harm, throwing a stone to injure someone.
Physical ContactInvolves physical contact or impact on sense of feeling.Involves physical contact with intent to harm or cause fear/annoyance.
Legal ConsequencesNot punishable by itself but relevant in context of other offenses.Punishable as an offense under the IPC.
IllustrationsA person throwing a ball that hits someone.A person intentionally throwing a ball at someone to cause harm.

Conclusion

The critical differences between the two lie in the presence of intention, consent, and the resultant impact on the victim. While force is a broad and neutral concept, it transforms into criminal force when used with harmful intent and without consent, thereby making it a punishable offense.

Understanding these distinctions is vital for legal practitioners, law enforcement, and the general public to ensure that actions causing harm or fear are appropriately recognized and penalized, thus maintaining social order and protecting individuals’ rights.

Terrorist act under BNS

Chapter VI: OF OFFENCES AFFECTING THE HUMAN BODY U/S.113. (1) Whoever commits any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India, or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or any foreign country, by means such as:

(a) Using bombs, dynamite, or other explosive substances, inflammable substances, firearms, or other lethal weapons, or poisonous, noxious gases, chemicals, or any hazardous substances (whether biological, radioactive, nuclear, or otherwise) or any other means of whatever nature to cause or likely to cause:

(i) Death or injury to any person or persons;
(ii) Loss, damage, or destruction of property;
(iii) Disruption of any supplies or services essential to the life of the community in India or any foreign country;
(iv) Damage to the monetary stability of India through production, smuggling, or circulation of counterfeit Indian paper currency, coins, or any other material;
(v) Damage or destruction of any property in India or abroad used or intended for defense purposes or in connection with other purposes of the Government of India, any State Government, or their agencies;

(b) Overawes by means of criminal force or the show of criminal force, or attempts to do so, or causes the death of any public functionary or attempts to cause the death of any public functionary;

(c) Detains, kidnaps, or abducts any person and threatens to kill or injure such person or commits any act to compel the Government of India, any State Government, or the government of a foreign country, an international or inter-governmental organization, or any other person to do or abstain from doing any act, commits a terrorist act.

Explanation.—For the purposes of this sub-section:

(a) “Public functionary” means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as a public functionary;

(b) “Counterfeit Indian currency” means the counterfeit currency as may be declared after examination by an authorized or notified forensic authority that such currency imitates or compromises the key security features of Indian currency.

(2) Whoever commits a terrorist act shall:

(a) If such an offence results in the death of any person, be punished with death or imprisonment for life, and shall also be liable to a fine;
(b) In any other case, be punished with imprisonment for a term not less than five years but which may extend to imprisonment for life, and shall also be liable to a fine.

(3) Whoever conspires or attempts to commit, or advocates, abets, advises, or incites, directly or knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a terrorist act, shall be punished with imprisonment for a term not less than five years but which may extend to imprisonment for life, and shall also be liable to a fine.

(4) Whoever organizes or causes to be organized any camp or camps for imparting training in terrorist acts, or recruits or causes to be recruited any person or persons for the commission of a terrorist act, shall be punished with imprisonment for a term not less than five years but which may extend to imprisonment for life, and shall also be liable to a fine.

(5) Any person who is a member of an organization involved in terrorist acts shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to a fine.

(6) Whoever voluntarily harbors or conceals, or attempts to harbor or conceal any person knowing that such person has committed a terrorist act shall be punished with imprisonment for a term not less than three years but which may extend to imprisonment for life, and shall also be liable to a fine:

Provided that this sub-section shall not apply to any case in which the harbor or concealment is by the spouse of the offender.

(7) Whoever knowingly possesses any property derived or obtained from the commission of any terrorist act or acquired through the commission of any terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to a fine.

**Explanation.—For the removal of doubts, it is hereby declared that an officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967.

Description:

For the first time, the offence of terrorism has been introduced in the general law of the land, and the act of terrorism has been clearly defined. Section 113 has been drafted on the lines of the Unlawful Activities (Prevention) Act (UAPA). It provides for punishment for the commission, attempt, abetment, conspiracy, membership of any terrorist organization, recruitment or organization of camps for training, harboring or concealing any person who has committed a terrorist act, and possession of proceeds of crime or property obtained or derived from the commission of a terrorist act. The penalties include the option of death or life imprisonment without parole.

Counterfeiting Indian currency has also been covered under this section as a terrorist act, similar to the UAPA. Destruction of any property in India or abroad, disruption of essential services, and damage to the monetary stability of India are also addressed under this section.

The provision recognizes the term “public functionary,” encompassing constitutional authorities and other functionaries notified by the Central Government. Criminal force or attempts to cause the death of a public functionary falls under the purview of terrorism. Destruction of public facilities or private property is now criminalized as a terrorist act.

This section addresses terrorism beyond international borders. It includes acts that result in damage by way of the destruction of critical infrastructure, recognizing the global threat of international terrorism. Special attention is given to vulnerabilities posed by cyber-attacks on critical infrastructures, thereby encompassing a broad range of modern terrorist activities.

Conclusion:

This comprehensive legal provision aims to strengthen national security by ensuring that all forms of terrorism are addressed with the utmost seriousness. It provides law enforcement agencies with the necessary legal tools to prevent and combat terrorism effectively, thereby safeguarding the unity, integrity, and security of the nation. The explicit inclusion of modern threats, such as cyber-attacks, underscores the forward-looking approach of the legislation in adapting to contemporary challenges.

Overall, Section 113 serves as a robust framework for deterring and prosecuting terrorist activities, reinforcing India’s commitment to maintaining internal and external security in an increasingly complex global landscape.

Organized Crime under BNS

Chapter VI: Offences Affecting the Human Body U/Sec. 111. (1) define the organized crime. it means any continuing unlawful activity, including but not limited to kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, severe cyber-crimes, and trafficking of persons, drugs, weapons, or illicit goods or services, as well as human trafficking for purposes such as prostitution or ransom, conducted by any individual or group acting in concert, whether singly or jointly, as a member of an organized crime syndicate or on behalf of such a syndicate, by employing violence, threats of violence, intimidation, coercion, or any other unlawful means to obtain direct or indirect material benefits, including financial gain, shall constitute organized crime.

Explanation:
For the purposes of this subsection:
(i) “Organized crime syndicate” refers to a group of two or more individuals who, either singly or jointly, as a syndicate or gang, engage in any continuing unlawful activity.
(ii) “Continuing unlawful activity” denotes any activity prohibited by law that is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organized crime syndicate or on behalf of such a syndicate. This includes activities for which more than one charge-sheet has been filed before a competent court within the preceding ten years, and the court has taken cognizance of such offences. It also encompasses economic offences.
(iii) “Economic offence” includes crimes such as criminal breach of trust, forgery, counterfeiting of currency notes and government stamps, hawala transactions, mass-marketing fraud, or any scheme intended to defraud multiple persons or defraud any bank or financial institution to obtain monetary benefits in any form.

(2) The punishment for committing organized crime shall be as follows:
(a) If the offence results in the death of any person, the perpetrator shall be punished with death or imprisonment for life and shall also be liable to a fine of not less than ten lakh rupees.
(b) In any other case, the perpetrator shall be punished with imprisonment for a term not less than five years, which may extend to life imprisonment, and shall also be liable to a fine of not less than five lakh rupees.

(3) Any person who abets, attempts, conspires, or knowingly facilitates the commission of organized crime, or engages in any preparatory acts for organized crime, shall be punished with imprisonment for a term not less than five years, which may extend to life imprisonment, and shall also be liable to a fine of not less than five lakh rupees.

(4) Any individual who is a member of an organized crime syndicate shall be punished with imprisonment for a term not less than five years, which may extend to life imprisonment, and shall also be liable to a fine of not less than five lakh rupees.

(5) Whoever intentionally harbors or conceals any person who has committed organized crime shall be punished with imprisonment for a term not less than three years, which may extend to life imprisonment, and shall also be liable to a fine of not less than five lakh rupees. This subsection shall not apply if the harboring or concealment is done by the spouse of the offender.

(6) Whoever possesses any property derived from or obtained through the commission of organized crime, or the proceeds of organized crime, shall be punished with imprisonment for a term not less than three years, which may extend to life imprisonment, and shall also be liable to a fine of not less than two lakh rupees.

(7) If any person, on behalf of a member of an organized crime syndicate, possesses movable or immovable property that cannot be satisfactorily accounted for, they shall be punished with imprisonment for a term not less than three years, which may extend to ten years, and shall also be liable to a fine of not less than one lakh rupees.

Description:
This section is dedicated to combating organized crime, eliminating any space for unlawful activities orchestrated by syndicates that pose a grave threat to the internal security of the country.

Key Points:

  • Definition: Section 111(1) of BNS 2023 defines organized crime, covering a range of offenses such as kidnapping, robbery, vehicle theft, extortion, contract killing, severe cyber-crimes, and human trafficking.
  • Petty Organized Crime: Offences not clearly defined or non-existent in the previous statute are now addressed in a separate section, 112 (Petty Organized Crime), which includes snatching, shoplifting, betting or gambling, and selling examination papers.
  • Clarifications: It further explains organized crime syndicates and continuous unlawful activities. Acts committed individually or by organized crime syndicates, using violence, threats, or coercion, are now punishable.
  • Economic Offences: Defined to include a range of crimes such as criminal breach of trust, forgery, counterfeiting currency notes, hawala transactions, mass-marketing fraud, and schemes to defraud institutions.

Stringent Punishment:

  • If the offence results in the loss of life, the perpetrator faces the death penalty or life imprisonment, with a mandatory fine of not less than Rs. 10 lakhs.
  • Provisions exist for individuals aiding in the commission of organized crimes, being a member of an organized syndicate, intentionally harboring or concealing any person committing organized crime, and dealing with proceeds of organized crime, outlining appropriate punishments.

Cognizable and Non-bailable Offence:
Organized crime is a cognizable and non-bailable offence, triable by a Sessions court, ensuring stringent punishment for such activities.

Conclusion

The BNS has taken significant steps to address the multifaceted threat of organized crime by introducing clear and comprehensive definitions and stringent punishments for such offences. By defining organized crime in Section 111(1), including a range of severe activities such as kidnapping, robbery, and human trafficking, and providing detailed explanations of terms like “organized crime syndicate” and “continuing unlawful activity,” the BNS aims to ensure no ambiguity in the legal framework.

Additionally, the introduction of Section 112, which covers petty organized crimes such as snatching and shoplifting, helps in addressing offences that were previously undefined or non-existent in the statute. This two-tier approach enables law enforcement agencies to tackle both major and minor organized crimes effectively.

The law prescribes severe punishments for those involved in organized crime, including death or life imprisonment for offences resulting in death and substantial fines. It also outlines penalties for those who abet, attempt, conspire, or facilitate organized crimes, members of organized crime syndicates, and individuals harboring offenders or possessing proceeds from organized crime.

By categorizing organized crime as a cognizable and non-bailable offence triable by Sessions courts, the BNS reinforces its commitment to internal security and public safety. The robust legal framework ensures that organized crime syndicates cannot operate with impunity, thereby protecting citizens from the pervasive threat of organized crime and maintaining public order and trust in the legal system.

Difference between Common intention and common object

Section 34 IPC: Acts done by several persons in furtherance of common intention

“When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.”

Section 149 IPC: Every member of unlawful assembly guilty of an offense committed in prosecution of common object

“If an offense is committed by any member of an unlawful assembly in the prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offense, is a member of the same assembly, is guilty of that offense.”

In summary, common intention under Section 34 requires a prior agreement to act together, while common object under Section 149 pertains to the shared purpose of an unlawful assembly without the need for prior agreement.

Bhartiya Nayaya Sanhita 2024 explains the common intention Section 3 (5 &6) explains and Section 190 explains the Common object

In legal terms, “common intention” and “common object” are concepts often used to attribute liability to multiple parties involved in a crime. Here’s a brief conclusion regarding both:

Common Intention

Common intention refers to a situation where two or more individuals collaborate to commit a criminal act, sharing the same purpose and intent. To establish common intention, the prosecution must prove:

  1. Presence of a shared plan: All parties had a pre-arranged plan to commit the crime.
  2. Participation in the act: Each individual actively participated in the criminal act.
  3. Knowledge of the act: All parties were aware of the nature of the act and its potential consequences.

Common Object

Common object, on the other hand, is a concept used primarily in the context of unlawful assemblies. It is used to hold members of a group responsible for actions committed by any member if they share a common purpose. Key aspects include:

  1. Membership in an unlawful assembly: The group must be defined as an unlawful assembly under the law.
  2. Shared purpose: The members share a common object, such as committing a crime or achieving an unlawful goal.
  3. Commission of an offense: Any offense committed in pursuance of the common object makes all members liable.

The difference between common intention and common object, particularly in the context of criminal law. These terms are often used in the Indian Penal Code (IPC). Here is the explanation in table format, including the relevant sections:

AspectCommon IntentionCommon Object
DefinitionCommon intention refers to a pre-arranged plan and acting in concert pursuant to it. It implies a meeting of minds and a plan to commit a criminal act.common object refers to a shared goal among a group of people to commit a criminal act. It does not require a pre-arranged plan or prior meetings of minds.
Section of IPCSection 34Section 149
Requirement of Prior Meeting of MindsYes, there must be a pre-arranged plan.No, prior meeting of minds is not necessary.
Number of PersonsRequires two or more persons.Requires five or more persons.
LiabilityEach person is liable for the act done by the others if it is in furtherance of the common intention.Each person is liable for the offense committed by any member of the group in furtherance of the common object.
ProofMore stringent as it requires proof of the pre-arranged plan.Less stringent as it does not require proof of prior planning.

Conclusion

Both common intention and common object are legal doctrines used to address collective criminal behavior. While common intention requires a premeditated plan and active participation, common object focuses on the shared unlawful purpose of a group. These principles ensure that all individuals involved in a criminal enterprise can be held accountable, promoting justice and deterring collaborative criminal activities.