Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Criminal Force (S. 129, 131 and 136 BNS)
Criminal force addresses situations where physical force is intentionally used against another person without consent, resulting in harm, fear, or annoyance. It reflects the law’s role in safeguarding individual autonomy, dignity, and personal security. Under the Bharatiya Nyayaa Sanhita, 2023 (BNS), the definition and scope of criminal force closely align with traditional principles, emphasizing the intentional use of force and the absence of lawful justification. The law distinguishes criminal force from related concepts such as assault, focusing on actual physical contact or impact. This distinction is important in determining the nature and severity of the offense, as well as the corresponding punishment.
In a society governed by the rule of law, regulating the use of force between individuals is essential to maintaining order and protecting citizens from violence and coercion. The provisions dealing with criminal force not only punish wrongful acts but also act as a deterrent against behaviour that undermines personal liberty and safety. This article explores the meaning, essential ingredients, legal interpretations, and practical implications of criminal force under the BNS.
Section 128 BNS defines Force. A person is said to use force against another when they cause motion, change of motion, or cessation of motion either to that person or to any object in a manner that brings it into contact with the person’s body, clothing, or anything they are carrying, or otherwise affects their sense of feeling. The definition is broad enough to include both direct and indirect application of force. Such force may be caused in three ways: by one’s own bodily power, by arranging circumstances so that an object moves without further human intervention, or by inducing an animal to act. Thus, even indirect actions—like setting an object in motion or using an animal—can amount to force. However, this provision merely explains the concept of “force” and does not by itself constitute an offence; it becomes punishable only when it satisfies the elements of “criminal force” under subsequent provisions.
What is Criminal Force?
Section 129 BNS:
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.
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 therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or 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 Z, 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 produce the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z, and if he did so without Z’s consent, intending thereby 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 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.
This Section provides various illustrations from (a) to (h) and thereby provides a better understanding about the ingredients of the offence. These illustrations talks about situations in which a force is used without consent and use of force to injure, frighten or annoy another.
Of these illustrations, illustration (a) exemplifies motion in section 128; illustration (b) “change of motion”; illustration (c) “cessation of motion”; illustrations (d), (e), (f), (g) and (h) “cause to any substance any such motion”; illustrations (d), (e), (g) and (h) also bring that substance into contact with any part of that other’s body; and illustrations (f) and (g) indicate “others” sense of feeling.
Ingredients of Criminal Force (S. 350):
- To constitute the offence of criminal force, the following ingredients are necessary:
- There must be an intentional use of force to any person;
- Such force must have been used without that person’s consent;
- It must have been used:
- in order to the committing of any offence; or
- with the intention to cause or knowing it to be likely that he will cause, injury, fear or annoyance to the person to whom the force is used.
“Criminal force” refers to the intentional and unlawful use of force against another person without their consent. Mere use of force is not enough; it becomes “criminal” only when accompanied by a guilty intention or knowledge. According to this definition, a person commits criminal force if they use force with the purpose of committing an offence, or with the intention of causing injury, fear, or annoyance, or with the knowledge that such consequences are likely to result. The provision emphasizes that even the slightest unlawful force, if used with such intent or knowledge, is sufficient to constitute criminal force, thereby protecting an individual’s bodily integrity and personal security.
Criminal force is concerned with the use of force on a human being alone and not against immovable property or other inanimate objects. The section contemplates the physical presence of the person on whom the force is used.
In Bihari Lal v Emperor, AIR 1934 Lah 454 case, where the lock of a house was broken in the absence of the occupant of the house, then it is clear that the accused had taken possession of the house without any force or show of force.
In Darshan Singh v. Emperor (1941) case, where a person strikes a pot which another is carrying and which is in contact with his body, was held to constitute the offence of criminal force.
Terminology of Section:
Intentional Use:
One of the primary conditions for considering any use of force as criminal force is intentional use of such force. The nature and extent of the offence will depend upon the accused’s intention or knowledge or the likelihood of causing injury, fear or annoyance.
Without Consent:
The word “consent” should be taken as defined in section 90, IPC. There is some difference between doing an act “without one’s consent” and “against his will”. The latter involves active mental opposition to the act.
In R v Donovan [1934] 2 KB 498 case, where the appellant, Mr Donovan, had ‘induced’ the victim to accompany him to his garage, wherein he had proceeded to beat her with a cane in ‘circumstances of indecency’. Mr Donovan argued that the victim had agreed to meet him in full understanding of his intentions, and had given every indication that she was consenting throughout. The Court observed that as a general rule if consent is freely given by a rational and sober person, knowing the nature of the act, it is an answer to an indictment or assault unless the consent is to do bodily injury amounting to mayhem or to acts likely or intended to do bodily harm or to an injury constituting a breach of the public peace. Hence, consent can never be a defence when the alleged act consists of an unlawful act. Likewise mere consent by one who does not know the nature of the act done cannot be consent.
Criminal Force is equivalent to “battery” in English law or under law of torts in India, which means the intentional infliction of force by one person upon another against latter’s consent. The detailed law relating to consent is discussed under Section 90 of IPC.
Commission of an Offence:
Under Section 40 IPC, the word offence means any act punishable under Indian Penal Code. The force must have been used for the purpose of committing an offence.
To Cause or Knowing it to be Likely that he will Cause, Injury, Fear or Annoyance:
The force must have been used with the intention to cause or knowing it to be likely that by the use of such fore he will cause injury, fear or annoyance to the person to whom the force is used.
The word injury here means any harm whatever illegally caused to any person, in body, mind, reputation or property.
In Bhupinder Singh v. State of Punjab, 14 Feb 1997 case, snatching of ballot papers from public servants was considered as involving use of criminal force.
In Jashanmal Jhamatmal v. Brahmanand Sarupananda, AIR 1944 Sind 19 case, the Court held that in order to constitute the offence of use of criminal force it is not necessary that the offender had any particular implement in his hand.
In Jadunandan Singh v. Emperor AIR 1941 Pat. 129 case, where a victim is assaulted and his thumb impression taken forcefully on a blank sheet of paper. The Court held that the offence will fall under Section 350 IPC (S. 129 BNS). This case deals with the issue of extortion and the use of force to obtain thumb impressions. The case is significant because it establishes that the taking of thumb impressions by force is sufficient to constitute extortion. This case is often cited in Indian courts as a precedent for cases involving extortion and the use of force to obtain evidence.
Punishment for Criminal Force:
The punishment for the offence of criminal force is broadly classified on the basis of involvement of grave and sudden provocation by the other party.
Grave provocation is a legal concept, referring to a situation where a person is subjected to such serious and sudden provocation that they temporarily lose self-control and act in the heat of passion. For provocation to be considered “grave,” it must be significant and not trivial, and it must also be “sudden,” leaving no time for the person to cool down or reflect. In such cases, the law recognizes that the act, though wrongful, was not committed with a fully formed intention, and therefore may reduce the severity of the offence, such as treating it as culpable homicide not amounting to murder instead of murder. However, provocation that is self-induced, trivial, or followed by sufficient time for cooling off does not qualify as grave provocation.
Punishment for Assault or Criminal Force Otherwise than on Grave Provocation
Section 131 BNS:
Punishment for Assault or Criminal Force Otherwise than on Grave Provocation:
Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Explanation 1:
Grave and sudden provocation will not mitigate the punishment for an offence under this section,—
(a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or
(b) if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant; or
(c) if the provocation is given by anything done in the lawful exercise of the right of private defence.
Explanation 2:
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact
Punishment for Offence of Criminal Force Otherwise than on Grave Provocation:
Imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Nature of Offence:
The offence is Non-cognizable, Bailable, triable any Magistrate.
Punishment for Assault or Criminal Force on Grave Provocation:
Section 136 BNS:
Punishment for Assault or Criminal Force on Grave Provocation:
Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Explanation:
This section is subject to the same Explanation as section 131. Of kidnapping, abduction, slavery and forced labour
Punishment for Offence of Criminal Force on Grave Provocation:
Simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Nature of Offence:
The offence is Non-cognizable, Bailable, triable any Magistrate.
Conclusion:
The concept of criminal force under the Bharatiya Nyaya Sanhita represents an essential safeguard for protecting individual autonomy, dignity, and physical security. By clearly distinguishing between mere “force” and “criminal force,” the law ensures that only those acts involving intent, absence of consent, and the likelihood of harm, fear, or annoyance attract penal consequences. This nuanced approach allows the legal system to address not only overt acts of violence but also subtle forms of unlawful physical interference.
The provisions demonstrate the law’s adaptability in covering both direct and indirect applications of force. It underscores that even minimal force, when used with wrongful intent, can violate personal liberty and invite legal sanction. Ultimately, the provisions relating to criminal force play a vital role in maintaining public order and reinforcing the fundamental right of every individual to live free from unwarranted physical intrusion.
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