Theoretical overview
Assault and criminal force are mentioned under section 349 to 358 of Indian penal code 1860.
To understand the offence of criminal force, it is important to first understand what a force means. Force is mentioned under section 349 of Indian penal code. The person is said to use force to another if he causes motion change of motion or cessation of motion to that other person or, if he causes to any substance such motion or change of motion or succession of motion which brings that substance into contact 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 in three ways: –
- By his own bodily power
- By disposing any substance in such manner that the motion takes place without any further act on his part
- By inducing any animal to move or to change its motion or to cease to move.
Force is not itself a crime but it becomes a crime when it is coupled with criminal intent which give rise to the offence of criminal force. Criminal force is defined in the section 350 of Indian penal code 1860 which is also known as “battery” in English law. This section particularly says that whoever intentionally uses force to any person without any person’s consent in order to committing of any offence or intending by the uses 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 force is used it said to use criminal force to the other.
Ingredients: –
- intension or knowledge to use force
- without consent
- intending or knowing that it will cause injury, fear or annoyance.
Assault is mentioned under section 351 of Indian penal code which states that whoever makes any gesture or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he, who makes that gesture or preparation is about to use criminal force to that person is said to committed an assault. Provided that mere words do not amount to an assault.
Ingredients: –
- gesture or any other preparation in presence of other
- intention or knowledge that such act will apprehend to other person that criminal force is going to be used on that person
Apprehension is the essence to attract this section. The apprehension must be reasonable one so that the person must perceive that he is going to get hurt. A verbal threat is not an assault unless the person to whom it is made reasonably assume that the other person is going to use force. The whole liability depends whether the apprehension of force was used in the other person’s mind.
Punishment for assault and criminal force is given under section 352 which states the imprisonment upto 3 months and section 354 is attracted when someone deter public servant from the discharge of his duty and the imprisonment for the same will be 2 years or fine or both.
Important differences
Force/Criminal force | Assault |
Use of intentional force to any person to cause any injury or harm or fear of injury | Denotes the act which cause apprehension of use of criminal force against the person |
Physical contact is necessary | No physical contact |
Action of wrongdoer is completed | Attempt to commit criminal force |
Relevant sections
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.
Section 350. Criminal force – 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
Section 351. Assault – Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. 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
Section 353. Assault or criminal force to deter public servant from discharge of his duty – Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 354. Assault or criminal force to woman with intent to outrage her modesty – Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Important case laws
Sadashiv Mondal vs. Emperor AIR 1915 – the term force as defined under section contemplates force used by a human being on another human being.
Ramakant Rajaram vs. Manuel Fernandes AIR1969 – a motion or change of motion or cessation of motion caused to property without affecting a human is not the use of force to another within the meaning of criminal force.
Points to remember
- Force is not itself a crime but it becomes a crime when it is coupled with criminal intent which give rise to the offence of criminal force
- Criminal force is defined in the section 350 of Indian penal code 1860 which is also known as “battery” in English law
- Assault is mentioned under section 351 of Indian penal code
- Mere words do not amount to an assault.
- Punishment for assault and criminal force is given under section 352