(..17..)

Offences Affecting the Human Body

[Chapter XVI 299 to 377]

CRIMINAL FORCE[1] AND ASSAULT[2] (Ss. 349 to 358).

Table of Contents

QUESTION BANK

Q.1 What is force distinguish between criminal force distinguish between criminal force and assault.

SHORT NOTES

Assault
Assault and Criminal Force

SYNOPSIS

I] FORCE

CRIMINAL FORCE (S. 350)

II] ASSAULT [S. 351]

III] DISTINCTION BETWEEN ‘ASSAULT’ AND ‘CRIMINAL FORCE’

I] FORCE:-

S 349 defines the force. It provides that a person is said to use force on another-

a) If he causes motion to that other, or
b) If he causes to any substance such motion, or change of motion, or cessation

of motion as brings that substance into contact-

i) With any part of that other’s body or
ii) With anything that other is wearing or carrying, or

iii) With anything so situated that such contact that other’s sense of feeling’-

Provided that he does so (‘a’ to ‘c’) in one of the three following ways:-

i) by his own bodily power.
ii) by disposing of 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 the part of any other person.

iii) by inducing any animal to move, to change its motion, or to cease to move. (S. 349)

CRIMINAL FORCE (S.350):-

A Person uses criminal force on another if –

i) He intentionally uses force on any person.
ii) Without that person’s consent.

iii) In order to commit any offence. or

iv) 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 (S.350)[3].

II] ASSAULT (S. 351):-

A person commits an assault if he –

a) Makes any gesture or any preparation.
b) Intending or knowing it to be likely that-
i) Such gesture or preparation will cause any

a person present to apprehend,

ii) That he who makes that gesture or preparation

is about to use criminal force on that person.

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.

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 result in no case amounting 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[4].

The meaning of assault, as understood in the Code, is at variance with the popular sense. According to the popular sense, assault means actual beating whereas, when there is beating, it is hurt according to I.P.C. Actual beating is a battery in English law.

PUNISHMENT:-

Punishment for assault and criminal force is imprisonment of up to 3 months or a fine of up to Rs. 500 or both (S. 352). But in case of assault made on the grave and sudden provocation, punishment is imprisonment up to one month or a fine up to Rs. 200 or both

( Sec. 358)

III] DISTINCTION BETWEEN ‘ASSAULT’ AND ‘CRIMINAL FORCE’:-

An assault is something less than the use of ‘criminal force’. ‘Criminal force’ is the actual

implementation. Thus, an assault is included in every use of criminal force.

Aggravated forms of assault and criminal force-

1) Assault or criminal force to deter a public servant from discharging his duty. Punishment Imprisonment up to two years or/with[5] a fine (S. 353).

2) Assault or criminal force on a woman with intent to outrage her modesty.

Punishment- Imprisonment up to two years or/with a fine (S. 354).

3) Assault and criminal force in an attempt to commit theft of property carried by

a person. Punishment- Imprisonment up to two years or/with a fine (S. 356).

4) Assault or criminal force in attempting wrongfully to confine a person. Punishment

Imprisonment up to one year or with a fine up to Rs. 1000/- with both (S. 357).

*****

[1] फौजदारी स्वरूपाचा बळप्रयोग [ बल का आपराधिक उपयोग]

[2] हमला

[3] 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 thereby intentionally used force to Z; and if he has done so without Z’s consent, in order to committing any offence, or intending or knowing it to be likely that this use of force will cause injury, fear of 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 A, 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 produces the effect of causing any substance to come in contact with Z, or Z’s clothes, A has used force to Z, and if he did so without Z’s consent, intending 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 something 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.

[4] There must have been present ability in the assailant to effect his purpose. 5The term ‘or/with fine’ denotes that the punishment of fine is either ‘or’ or in addition with imprisonment.