Force & Criminal force in the Indian Penal Code,1860
Channel: Dr.Priya Sepaha
Date: 08/06/2020

This video describes the meaning and difference between Force & Criminal force in the Indian Penal Code,1860.

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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 effects 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.
 By his own bodily power.
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 on the part of any other person.
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. 
Illustrations:
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 on her.
 Z is bathing, A pours into the bathwater 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.
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.

Section 352- 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 five hundred rupees, or with both.
 Explanation- Grave and sudden provocation will not mitigate the punishment for an offence under this section.
 If the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or 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 if the provocation is given by anything done in the lawful exer­cise of the right of private defence. 
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.