CRIMINAL FORCE

Introduction: 

In India, the occurrence of criminal acts like assault, battery, and the use of criminal force has  become alarmingly common, with reports of such incidents surfacing almost daily. These acts  not only threaten the social fabric but also foster an environment of fear and insecurity among  the public. The growing frequency of these offenses is a matter of grave concern, as they  significantly impact the safety and well-being of individuals, making it increasingly difficult  for ordinary people to lead peaceful and secure lives. To combat this escalating issue and  uphold the rule of law, the government has implemented stringent measures by criminalizing  certain actions under the Indian Penal Code (IPC) of 1860. This historic piece of legislation,  which serves as the cornerstone of criminal law in India, was designed with the primary goal  of defining various offenses and prescribing corresponding punishments to ensure justice and  maintain public order. 

One such serious and prevalent crime is the act of “Criminal Force.” As defined under the IPC,  this term refers to the deliberate use of physical force or violence against another person  without their consent, with the intent to cause harm, fear, or injury. The calculated nature of  this offense, combined with the lack of the victim’s consent, makes it a severe violation of  personal freedom and bodily integrity. Criminal Force is specifically addressed under Section  350 of the IPC, which provides the legal framework for prosecuting individuals who engage in  such unlawful conduct. This section highlights that the use of force, when intended to cause  harm or induce fear, is a punishable offense. The punishment for Criminal Force can vary based  on the circumstances of the case, the intent behind the act, and the level of harm caused.  Offenders may face imprisonment, a fine, or both, as determined by the court. The  criminalization of Criminal Force within the IPC is an essential legal tool designed to deter  individuals from resorting to violence and to protect citizens’ fundamental rights. It emphasizes  the crucial role of consent in any physical interaction and reinforces the principle that no one  has the right to impose their will on another through force or intimidation. By criminalizing  such acts, the law seeks to create a society where people can live without fear of violence or  coercion, thereby fostering peace, security, and justice.1 

Criminal Force: 

Criminal force is considered a serious offense under the Indian Penal Code (IPC). It involves  using physical force or violence against someone without their permission. Section 350 of the  IPC outlines that those found guilty of criminal force can face penalties such as imprisonment  and/or a fine, depending on how severe the offense is. To understand criminal force, it’s  important to first grasp the concept of “force” as defined by the IPC. Under Section 349, force  is described as the act of making someone do something they are not legally obligated to do,  or stopping them from doing something they are legally entitled to do. Essentially, force  involves any physical action that affects another person’s body or any object in contact with  them. 

Section 349 details that force includes causing motion, altering motion, or stopping motion in  another person’s body or in an object with the intent of making it touch any part of that person’s  body. This means that force encompasses any physical interaction that impacts another person’s  body or anything in contact with it, whether by moving, stopping, or changing the motion of  the body or object. This broader definition shows that force isn’t limited to violent actions  alone; it also covers any physical intervention that affects another person’s movement or  actions. Any application of force without consent is considered illegal and can lead to legal  consequences under the IPC. Understanding this helps to recognize the seriousness of criminal  force and the legal implications associated with it.2 

The Indian Penal Code (IPC) explains the concept of force in Section 349, which describes  three main ways force can be applied: 

1. Through Bodily Power: This involves using one’s physical strength to cause motion, change,  or stop motion. For example, this could include actions like pushing, hitting, or otherwise  physically interacting with another person’s body. 
2. By Disposing of a Substance: Force can also be applied by manipulating an object in such a  way that it moves or alters its motion without direct contact from another person. For instance,  if someone throws an object at another person, causing it to hit or touch them, this action  constitutes the application of force. 

3. By Inducing an Animal: The IPC considers force if it involves making an animal change its  motion or stop moving. For example, directing a dog to attack or to cease its movement can be  seen as using force through the animal. 

Force can occur in various scenarios, including criminal acts like robbery, kidnapping, or  domestic violence. This force might be physical, such as hitting or restraining someone, or  verbal, like threatening or intimidating them. The key factor in determining whether the use of  force is criminal is consent. If force is used with the individual’s consent, such as during a  sports game, in martial arts, or in self-defence, it is not considered a criminal offense. Consent  indicates that the person has agreed to the physical interaction, making it permissible under  those conditions. However, if force is used without the person’s consent, it is regarded as a  criminal act. The law aims to protect individuals from unwanted physical or verbal coercion,  ensuring that any use of force is lawful and justified. Understanding the difference between  consensual and non-consensual force is essential for determining legal outcomes and upholding  justice under the IPC. 

Section 350 of the Indian Penal Code (IPC) defines criminal force as the intentional use of  physical or verbal force against another person with the aim of causing fear, harm, or  annoyance. This offense can involve direct physical actions, such as hitting or pushing, or  verbal threats and intimidation. Criminal force can occur in various situations, including during  a robbery, sexual assault, or instances of domestic violence. 

According to Section 350, a person commits criminal force if they deliberately use force on  someone without their consent, intending to commit an offense or knowing that their actions  are likely to cause injury, fear, or annoyance. This definition covers not only physical force but  also any threats or actions intended to cause distress to the victim. 

The key elements of criminal force include: 

1. Application of Force: The accused must deliberately use force, whether physical, like  pushing or hitting, or verbal, like threatening. 
2. Intentionality: The force must be applied with intent, meaning the offender acted with a  specific purpose rather than by accident.3

3. Purpose of Force: The force must be used either: 

 – To commit an offense, or 

 – With the aim of causing fear, injury, or annoyance to the other person. 

Criminal force can arise in various contexts. For instance: 

-Robbery: Using force to steal, such as overpowering someone to take their belongings, is an  example of criminal force. 

– Sexual Assault: Any unwanted sexual contact or violence is classified as criminal force. 

– Domestic Violence: Physical or verbal abuse used to control or harm a partner or family  member falls under criminal force. 

Even minor acts can qualify as criminal force if they involve intentional physical or verbal  coercion. For example: 

– Unlawful Entry: Forcibly entering someone’s home without their permission, like breaking  in or pushing past them, is considered criminal force. 

– Extortion: Threatening to harm someone or their family to obtain money is another form of  criminal force. 

– Minor Physical Contact: Actions such as grabbing someone’s arm to prevent them from  leaving, even if not physically harmful, can still be deemed criminal force if done with the  intent to control or distress. 

In summary, Section 350 broadly defines criminal force to include various forms of intentional,  non-consensual physical or verbal actions that cause fear, harm, or annoyance. 4This wide  definition ensures that both physical and psychological forms of coercion and violence are  addressed, highlighting the importance of protecting individuals from all types of unwanted  force. 

Difference between Criminal Force, Hurt and Assault: 

Criminal force and assault are separate offenses in criminal law, each addressing different  elements of physical violence. Although both involve the application of force against another  person, they differ significantly in their definitions and legal implications. 

Assault is characterized by an intentional act that instils fear of imminent and unlawful violence  in another person. What makes an act an assault is not the physical contact but the victim’s  genuine fear of being harmed. For example, if someone threatens to hit another person and the  threat causes the victim to reasonably believe they are in immediate danger of physical harm,  this is considered assault. The emphasis here is on the victim’s apprehension of violence rather  than the act of physical contact itself. Assault is crucial for addressing situations where  psychological intimidation or fear is a factor, even when no physical interaction occurs. On the  other hand, criminal force involves the actual use of physical force or violence against  someone.5 This can include any form of physical contact, whether it’s a shove, a punch, or even  the use of an object or weapon to inflict harm. Unlike assault, criminal force focuses on the  physical interaction between the perpetrator and the victim, rather than on the victim’s fear of  violence. It doesn’t matter if the victim is fearful or not; what counts is the physical act of force. . Additionally, the act of causing bodily pain, disease, or infirmity to another individual is  referred to as hurt, which is defined under Section 319 of the Indian Penal Code. 

In summary, the main difference between criminal force and assault is the nature of the action.  Criminal force involves physical contact or the use of an object to cause harm, while assault  revolves around causing a person to fear immediate violence without necessarily involving any  physical contact. Both offenses are treated seriously under the law, as they impact personal  safety and psychological well-being, with legal consequences reflecting their severity. 

Case Laws: 

Chandrika Sao v. State of Bihar6 

On October 29, 1957, Mr. Bhupendra Narain Sinha, an Assistant Superintendent of  Commercial Taxes, carried out an unannounced inspection at Hazari Lal & Co. During the  

inspection, he discovered two sets of account books and started reviewing them. The appellant,  present at the shop, forcibly grabbed the books from Mr. Sinha and handed them off to a  servant, who then passed them to another servant on the upper floor. When Mr. Sinha’s peon  tried to recover the books, he encountered resistance, leading to a scuffle and damage to his  shirt. According to Section 349 of the IPC, force involves causing motion or altering the  movement of another person. By forcibly taking the books from Mr. Sinha, the appellant caused  a physical disruption, interfering with Mr. Sinha’s ability to review the books. As Mr. Sinha  had the legal right to inspect the books, the appellant’s actions were unlawful. 

Section 353 of the IPC deals with assaulting a public officer while they are carrying out their  duties. To convict under this section, it must be proven that the force used was intentional,  without consent, and caused fear, injury, or annoyance. The court found the appellant guilty  under Section 353, ruling that his actions had indeed caused annoyance and fear to Mr. Sinha,  who was properly performing his official responsibilities. 

Ramakant Rajaram v. Manuel Fernandes 7 

In the case at hand, it was highlighted that Section 349 of the Indian Penal Code (IPC)  specifically refers to “another” when defining force. This term is critical because it restricts the  application of force under this section to interactions involving people. Essentially, force, as  defined by this section, is any action that causes, changes, or stops the motion of another person.  This wording is important because it excludes property from the definition of force. In other  words, Section 349 IPC is concerned with how force affects individuals, not objects. For  example, if someone forcibly moves an item or alters its position, this does not qualify as force  under Section 349 since it does not involve altering the physical state or motion of a person. 

The principle here is that for an act to be considered force under this section, it must directly  affect a human being. Thus, any physical action, change, or cessation of motion must target  another person to be classified as criminal force. The section is designed to address physical  interactions and coercion involving people, not just the manipulation of objects. This  interpretation emphasizes the need for direct impact on a person in cases of force, ensuring that  the law focuses on actions that affect individuals’ physical autonomy and well-being, rather  than merely changing the position or state of inanimate objects. 

Conclusion: 

In legal terms, assault involves creating a fear or anticipation of immediate harm due to another  person’s actions. It’s an offense where someone deliberately uses unlawful force against  another, intending to cause harm or instill fear of harm. Although these offenses might seem  less severe compared to more violent crimes, their widespread occurrence makes them a  significant concern, warranting strong legal measures to prevent such behavior. The Indian  Penal Code (IPC) clearly defines and lays out the consequences for actions involving “force,”  “criminal force,” and “assault.” These definitions are crucial in understanding the different  levels of unlawful conduct that can affect personal safety and dignity. Under Section 349 of the  IPC, “force” is described as causing or altering motion, or stopping motion in another person,  against their will. When this force is used intentionally, without the other person’s consent, and  with the aim of causing injury, fear, or annoyance, it becomes “criminal force,” as outlined in  Section 350 IPC. Meanwhile, assault, according to Section 351 IPC, doesn’t always involve  physical contact; it can be any gesture, preparation, or threat that makes a person fear the  imminent use of criminal force. 

Distinguishing between criminal force and assault is crucial in legal practice. Criminal force  involves the actual use of force, whereas assault can occur without physical contact, as long as  it creates a fear that force is imminent. This distinction ensures that the law accurately reflects  the seriousness and nature of the offense, providing appropriate protection and legal recourse  for victims. This discussion primarily focuses on the fundamental definitions and implications  of these terms within the IPC, without delving into aggravated forms of assault, which involve  more severe conditions or intent, such as assault with the intent to outrage modesty or using  deadly weapons. These aggravated offenses carry heavier penalties due to their greater threat  to personal safety and public order. To offer effective protection, the law must be thoroughly  enforced. A strong legal framework is necessary to address both the direct and indirect effects  of these offenses, including acknowledging the psychological impact on victims, the societal  consequences of unchecked criminal force, and the importance of preventive measures. 

In conclusion, understanding the distinctions between “force,” “criminal force,” and “assault”  in the IPC is essential for both legal professionals and the general public. It clarifies how the  law perceives and deals with various levels of unlawful behavior. While this discussion doesn’t  cover aggravated assault, the foundational knowledge provided is key to understanding the 

broader legal context. By applying these definitions effectively, the law can better protect  individuals, maintain public safety, and deter potential offenders.