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LawpatraLawpatra
BNS, 2023
Start Practicing
BNSChapter VISection 129
Section129

Criminal force

AI Assist

Summary

Intentional application of force on another person without their consent, either to commit an offence or with the intention or knowledge that it is likely to cause injury, fear or annoyance, amounts to criminal force. The force may be direct or indirect (using objects, animals, water, etc.). Consent or lack of it and the actor's intent/knowledge decide the offence.

Example

Rohan is walking in the street when Karan intentionally pushes him without consent. If Karan meant or knew it was likely to cause injury, fear or annoyance, Karan has used criminal force against Rohan and can be held responsible.

Bare Act

Enacted text

Whoever intentionally uses force to any person, without that 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.

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 throw 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) Aintentionally 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.

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VI

Chapter VI

Of Offences Affecting The Human Body

In this chapter

  • 100Culpable homicide
  • 101Murder
  • 102Culpable homicide by causing death of person other than person whose death was intended
  • 103Punishment for murder
  • 104Punishment for murder by life-convict
  • 105Punishment for culpable homicide not amounting to murder
  • 106Causing death by negligence
  • 107Abetment of suicide of child or person of unsound mind
  • 108Abetment of suicide
  • 109Attempt to murder
  • 110Attempt to commit culpable homicide
  • 111Organised crime
  • 112Petty organised crime
  • 113Terrorist act
  • 114Hurt
  • 115Voluntarily causing hurt
  • 116Grievous hurt
  • 117Voluntarily causing grievous hurt
  • 118Voluntarily causing hurt or grievous hurt by dangerous weapons or means
  • 119Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act
  • 120Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property
  • 121Voluntarily causing hurt or grievous hurt to deter public servant from his duty
  • 122Voluntarily causing hurt or grievous hurt on provocation
  • 123Causing hurt by means of poison, etc., with intent to commit an offence
  • 124Voluntarily causing grievous hurt by use of acid, etc
  • 125Act endangering life or personal safety of others
  • 126Wrongful restraint
  • 127Wrongful confinement
  • 128Force
  • 129Criminal force
  • 130Assault
  • 131Punishment for assault or criminal force otherwise than on grave provocation
  • 132Assault or criminal force to deter public servant from discharge of his duty
  • 133Assault or criminal force with intent to dishonor person, otherwise than on grave provocation
  • 134Assault or criminal force in attempt to commit theft of property carried by a person
  • 135Assault or criminal force in attempt wrongfully to confine a person
  • 136Assault or criminal force on grave provocation
  • 137Kidnapping
  • 138Abduction
  • 139Kidnapping or maiming a child for purposes of begging
  • 140Kidnapping or abducting in order to murder or for ransom etc
  • 141Importation of girl or boy from foreign country
  • 142Wrongfully concealing or keeping in confinement, kidnapped or abducted person
  • 143Trafficking of person
  • 144Exploitation of a trafficked person
  • 145Habitual dealing in slaves
  • 146Unlawful compulsory labour
Previous · Section 128ForceNext · Section 130Assault