This article has been written by Mr. Rohan Madhok, a 5th-year BBA.LLB student from Vivekananda Institute of Professional Studies, GGSIPU, New Delhi
Nearly every day in India we hear about instances of criminal acts of assault, battery, and criminal force. These criminal acts have become very common and happen nearly every hour in our country, because of this the common man is facing a lot of problems in their everyday life. To resolve this problem the government criminalized certain acts under the Indian Penal Code 1860 in order to ensure strict punishment for anyone who indulges in such activities. Criminal Force is one such act, it is a term used in the Indian Penal Code (IPC) to describe the use of physical force or violence against another person without their consent. It is a serious offense that can result in imprisonment and/or a fine, depending on the severity of the crime. Criminal force is punishable under section 350 of the IPC and can result in imprisonment and/or a fine, depending on the severity of the offense.
Criminal force is a serious offense under the Indian Penal Code (IPC). It refers to the use of physical force or violence against another person without their consent. Criminal force is punishable under section 350 of the IPC and can result in imprisonment and/or a fine, depending on the severity of the offense.
To understand the offense of criminal force we first must understand the concept of force under the Indian Penal Code 1860. Force is a term used in the Indian Penal Code (IPC) to describe the use of physical force or violence against another person. The IPC defines force under section 349 as the use of force to compel someone to do an act that they are not legally bound to do or to prevent someone from doing an activity that they are legally entitled to do. As per section 349 of the IPC, anyone who causes motion, change of motion, or cessation of motion to the body of another person or to any substance with the intention to bring into contact with any part of that other person’s body is said to cause force.
Provided that the person causing such motion or change or ceasing of motion causes it in one of the three ways hereinafter described.
1) Through his own bodily power
2) Through disposing of the substance in such a way that the motion takes place without any other person
3) By inducting any animal to change or cease its motion
Force can be used in a variety of situations, such as during a robbery, a kidnapping, or an act of domestic violence. The use of force can be physical, such as hitting or pushing, or verbal, such as threatening or intimidating someone. Under the IPC, the use of force is only considered a criminal offense if it is used without the person’s consent. If someone consents to the use of force, such as during a sports game or in self-defense, it is not considered a criminal offense.
Under section 350 of the IPC, criminal force is defined as the use of force against another person with the intention of causing fear or causing them harm. The use of force can be physical, such as hitting or pushing, or verbal, such as threatening or intimidating someone. Criminal force can be committed in a variety of situations, such as during a robbery, a sexual assault, or an act of domestic violence.
According to section 350 any person who uses force intentionally on another person without his consent in order to commit any offense or with the knowledge that such use of force will likely cause injury, fear of injury, or annoyance to the victim, is said to commit criminal force.
The essential ingredients for the offense of Criminal force are as follows
1) There is a use of force by the offender
2) The force was used intentionally
3) The force was used either:
- For committing an offense, or
- With the intention to cause fear, injury, or annoyance to the other person
Criminal force can be committed in a variety of circumstances. For example, if someone forcefully enters another person’s home, they are committing criminal force. If someone threatens to harm another person or their family unless they give them money, they are committing criminal force. Even a seemingly minor act, such as grabbing someone’s arm to prevent them from leaving, can be considered a criminal force.
We can understand the offense of criminal force better with the help of certain illustrations
1) Raj is riding a chariot. Ajay lashes raj’s horse because of which it quickens its speed and as a result raj falls down and hurts himself. Here Ajay has caused a change in motion by inducing the horse to increase its speed and therefore we can say that Ajay used force against raj as he did this without the consent of raj and with the intention to hurt him we can say that Ajay guilty of criminal force.
2) Raj intentionally pushes Ajay onto the street where he gets hit by a car. Here raj with his own bodily movement pushed his body into Ajay’s body. He has therefore used force against Ajay and if he did this without his consent and with the intention to hurt him we can say that Raj is guilty of criminal force.
3) Zoya is bathing. Akash intentionally pours hot boiling water into the bath water.
The punishment for criminal force varies depending on the severity of the offense. If the offense is minor, such as grabbing someone’s arm, the offender may be punished with a fine of up to 500 rupees. However, if the offense is more serious, such as causing grievous hurt or using a deadly weapon, the offender can be punished with imprisonment for up to three years and/or a fine.
It is important to note that the use of force in self-defense is not considered criminal force under the IPC. If someone uses force to defend themselves from an attack, they are not committing a crime. However, the force used must not exceed the level of threat faced. If someone uses excessive force in self-defense, they can still be charged with criminal force.
DIFFERENCE BETWEEN CRIMINAL FORCE AND ASSAULT
Criminal force and assault are two terms used in criminal law to describe different types of physical violence. While both offenses involve the use of force against another person, there are some important differences between them.
Assault is defined as an intentional act that causes another person to apprehend immediate and unlawful violence. This means that the victim must feel that they are in imminent danger of physical harm. Assault can be committed even if no physical contact is made with the victim. For example, if someone threatens to hit another person and the victim is genuinely afraid of being hit, it can be considered assault.
On the other hand, criminal force involves the use of actual physical force against another person. This means that the offender has physically touched or struck the victim. Criminal force can also include the use of an object or a weapon to cause harm. Unlike assault, there does not need to be any fear or apprehension on the part of the victim for criminal force to occur.
In summary, the key difference between criminal force and assault is that criminal force involves actual physical contact, while assault does not necessarily require physical contact and can be based on the victim’s fear of violence. Both offenses are serious crimes and can result in significant legal consequences for the offender.
1) Ramakant Rajaram v. Manuel Fernandes AIR 1967 SC 170
In this case, the court observed that if any object or substance was to affect the motion of another person, but the effect does not impact the person, that is the motion of such person does not changes and remains intact, then, in that case, it would not amount to criminal force
2) Chandrika Sao v. State of Bihar, 1963 Supp (1) SCR 419
In this case, the Supreme Court observed that the act of snatching the book of accounts from the hands of an official and thereby depriving him of their possession would amount to the use of force as the book in possession of the official was caused to have a change in motion by the act of snatching them away.
3) Nani Gopal Deb v. Bhima Charan Rakshit AIR 1956 Cal 32
In this case, the court observed that to prove a charge of criminal force the presence of the person to whom the force is alleged to have been used must be shown.
In conclusion, criminal force is a serious offense under the Indian Penal Code. The use of force against another person without their consent is punishable by law, and offenders can face imprisonment and/or fines. It is important for victims of criminal force to seek legal help and report the offense to the police. The police have the authority to investigate the crime and bring the offender to justice. It is also important for witnesses of criminal force to come forward and provide evidence to support the victim’s claim. It is important for victims to seek legal help and for witnesses to come forward and provide evidence to support the victim’s claim. By understanding the laws surrounding criminal force and reporting offenses to the police, we can work towards creating a safer society for everyone.
1) K.D. GAUR’S CRIMINAL LAW CASES AND MATERIALS: NINTH EDITION
5) Section 349 of the Indian Penal Code 1860
6) Section 350 of the Indian Penal Code 1860
7) Ramakant Rajaram v. Manuel Fernandes AIR 1967 SC 170
8) Chandrika Sao v. State of Bihar, 1963 Supp (1) SCR 419
9) Nani Gopal Deb v. Bhima Charan Rakshit AIR 1956 Cal 32
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