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:
- By their own bodily power.
- By disposing of any substance so that motion or change or cessation of motion occurs without further action by themselves or any other person.
- 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
- Force Example: B intentionally pushes H in a market, using bodily power to bring B into contact with H. This is force.
- 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:
| Aspect | Force (Section 128) | Criminal Force (Section 129) |
|---|---|---|
| Definition | The 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. |
| Intention | No specific intention required. | Requires specific intention to cause injury, fear, or annoyance. |
| Consent | Consent is not a factor in defining force. | Lack of consent is crucial for it to be considered criminal force. |
| Offense | Force itself is not an offense but a concept used in other sections. | Criminal force is an offense under the IPC. |
| Components | Motion, change of motion, or cessation of motion. | Motion/change/cessation of motion combined with intent and lack of consent. |
| Examples | Pushing someone, throwing a stone at someone. | Pushing someone with intent to harm, throwing a stone to injure someone. |
| Physical Contact | Involves physical contact or impact on sense of feeling. | Involves physical contact with intent to harm or cause fear/annoyance. |
| Legal Consequences | Not punishable by itself but relevant in context of other offenses. | Punishable as an offense under the IPC. |
| Illustrations | A 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.
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