Supreet Kaur
Man is the best defender of himself. He would never allow anyone to voluntarily harm him. But the criminal, in order to fulfill his criminal aim, finds way so as to overpower another person. The most usual way to overpower someone is to use the force. Force is defined in physics as push or pull.
Force is something which I’d capable of changing the state of motion of another person that is from rest to motion and from motion to rest. Various criminal acts are done with the application of force which necessitated the legislation to define the term force. So, the term force is accordingly defined under Section 349 of IPC, 1860.
“Section 349: Force- A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described:
(First) — By his own bodily power.
(Secondly) —By disposing 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 on the part of any other person.
(Thirdly) — By inducing any animal to move, to change its motion, or to cease to move.”
So, force means doing any act which affects the state of motion of other person or affects the state of motion of any substance so that the substance touches or comes into contact with the body of other person or anything he is carrying or wearing on his person. The force can be applied by:
- Person’s own manpower: For example, if A pushes B with his hands, it is the use of force by A or if A snatches B’s chain which B is wearing, it is the use of force.
- Using any substance: For example, throwing stick towards someone, here throwing the stick cause change in motion of stick, which is used as a substance here, if the stick hits another person, it is the act of bringing that substance in contact with another’s body. Here force is used.
- Pulling a chair from behind so as to let a person fall is the use of force, since by pulling the chair, one causes change in state of motion of other person, and he falls on ground.
- By inducing any animal: If A induces his dog to jump on B, it is the use of force, since if the dog jumps on B, B’s state of motion will be changed. Another instance is if A causes his horse which is pulling a cart to move towards B at high speed, and if the cart hits B, it is the use of force. Here cart is used as a substance and its state of motion is changed by A’s inducement so as to make the cart hits B, that is, to come into contact with B’s body.
Ramakant Rajaram v. Manuel Fernandes[1]: It was held that if any substance is used to affect the motion of other person, but the affect is not caused, that is, state of motion of that person remains intact, it doesn’t amount to use of force.
Chandrika Sao v. State of Bihar[2]: It was held that snatching a boom from the hand of official amounts to use of force since the essentials of force are fulfilled as the act of snatching affects the motion of hand of another person.
Section 349 of IPC,1860, only defines the force, use of force is not an offence, but it may give rise to certain offences as explained below:
Criminal Force
“Section 350: 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.”
To constitute an offence of criminal force, the force is used by one person intentionally without the consent of other person to cause injury, fear, or annoyance to another person. Even when there is likelihood that the application of force can cause injury, it amounts to criminal force.
Criminal force is known as battery under civil law. If the force is used which may not cause injury, still it amounts to battery. In an English case of Cole v. Turner[3] it was held that even touching another person in anger amounts to battery.
Essentials to constitute criminal force:
Intentional use of force: The force, as defined under Section 349, if is applied intentionally it is necessary to make that force a criminal force which is an offence under IPC. The intention behind the use of force must be to cause any injury or harm. So mere accidents do not amount to use of criminal force.
Illustration: A throws a stone which hits B, it is the use of force. If A has thrown it with an intention to cause injury to B or if he has with careful planning threw it towards B, it can be inferred that his intention was to cause injury since a prudent man knows that a stone may cause injury, so it amounts to criminal force.
The force was used since A has changed the state of motion of stone (which is a substance) by throwing it towards B and the stone contacted B’s body.
Hurt or injury: The use of force is said to be criminal only if it was applied to commit any offence or to cause injury, fear etc. For instance, if the force is used to save another’s life say saving a drowning man, it is not criminal use of force.
Assault
It is an act which causes reasonable apprehension in the mind of other person that a criminal force would be used against him. Here, the actual force is not used but there is a threat to use force. Assault is an attempt to do harm.
The gesture or preparation by one person prima facie shows that the person is going to do harm. The gesture or preparation should be such that there is an immediate threat.
Illustrations:
- A loaded his pistol in front of B and pointed it towards B, this preparation i.e. loading the pistol and the gesture i.e. pointing it towards B are enough to show that A is going to harm B. If the pistol is unloaded and B knows it, pointing an unloaded pistol is no assault against B.
- A is standing at 5th floor and from there, he shows his fist to B, there is no assault. It may be assault if A was standing next to B.
Riot
To constitute a riot, force is an essential element. According to Section 146 of IPC, if the force is used by assembly of at least five persons, it amounts to riot which is punishable under Section 147. In riot, the force may be used against persons or inanimate objects like doing harm to property by use of force.
For example, if five persons carrying sticks hits a car constantly with a common object in mind to do harm to public, it is rioting whose essential element is force.
Trafficking of persons
Section 370 lays down the ways to do trafficking of person and the use of force is one such way. So, if the trafficking is done using force, it is a punishable offence. For example, A uses his bodily force to drag B into his car to sell him to C and if the purpose is to exploit B say physical exploitation, it amounts to trafficking of person.
House Breaking
Section 445 of IPC describes six ways to commit house breaking and the use of criminal force is one such way. According to Section 445, if a person enters or quits a house with the use of criminal force or by committing an assault, to commit any offence in the house, say theft, it amounts to house breaking.
For instance, If A beats Z to enter his house, it is the use of criminal force since for e is used to commit an offence. Another instance, if A is departing from the house, and Y appears, and A points gun on Y and then leaves, it amounts to house breaking by committing an assault.
Conclusion
So, it can be inferred that applying force is not an offence but the application of force with mala fide intent may give rise to an offence. If the force is applied to commit any unlawful act, it is punishable under IPC.
The purpose of the law is that the application of force by one person must not harm other or cause damage to another’s property though the application of force for lawful purpose like saving one’s life is not punishable.
- Force, Criminal Force And Assault Under I.P.C. and Distinction Between Them – Explain ↑
- AIR 1967 SC 170 ↑
- 6 Mod. 149: 87 E.R. 907 ↑