UNIVERSITY INSTITUTE OF LEGAL STUDIES

PANJAB UNIERSITY, CHANDIGARH

INDIAN PENAL CODE PROJECT REPORT-

FORCE, CRIMINAL FORCE AND ASSAULT

SUBMITTED TO- SUBMITTED BY-

DR. PUSHPINDER KAUR ANANYA KALIA
UILS, PANJAB UNIVERSITY ROLL NO 192/20
CHANDIGARH SEC D
 ACKNOWLEDGEMENT

I hereby acknowledge to all those who helped me to draft this project directly
and indirectly. It would have not been possible for me to complete the task
without their help and guidance. First of all, I would like to thank our teacher
Dr. Pushpinder Kaur who gave me this golden opportunity to do this project on
the topic-
‘Force, Criminal Force and Assault’
She also conveyed me the important instructions from the university time to
time. And last but not the least I am thankful to the Panjab University for
offering this project report in our syllabus. I must mention my hearty gratitude
towards my family, other faculties and friends who supported me to go ahead
with the project.
FORCE (Section-349)

The term ‘force’ in IPC examines force used by a human being on another
human being. It does not contemplate force against inanimate objects. Force
means efficacy and signifies strength, vigour, might, energy, power, violence,
armament, necessity.

A definition close to the exact meaning of ‘force’ is violence, the power exerted
against will or consent. It does not constitute any offence but section 349 of
IPC merely explains what amounts to force. It is necessary to understand what
force is, to understand the definition of criminal force.

Section 349 provides that

“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 others’ 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 three ways hereinafter describe:-

Firstly:– By his own bodily power.

Secondly:– 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.

Thirdly:– By inducing any animal to move, to change its motion, or to cease to

move.”

CRIMINAL FORCE (Section- 350)

The term criminal force is defined in section 350 of IPC. And criminal force uses
the meaning of force in section 349 as for more clarity to section 350. Section
350 of IPC provides what is criminal force; as if someone intentionally uses
force to any person, without that person’s consent, in order to the committing
of any offence, and the use of such force by intention to cause, or knowing that
such force will cause injury to that person whom the force is to be used, or
cause fear or annoyance, is said to use criminal force to that other.

Illustrations:

1. A person X encourages a dog to jump upon Y without Y’s consent.

Here, if X intends to cause injury, fear or annoyance to Y, he uses
criminal force to X.
2. A person A is bathing, B another one poured boiling water into the
bathing water by knowing it is boiling water. This shows the
intention of A to bring that water in contact with B which affects
his sense of feeling A has, therefore, intentionally used force to B;
and if he has done this without B’s consent intending or knowing
it to be likely that he may thereby cause injury, A has used
criminal force.

ESSENTIALS OF CRIMINAL FORCE

Criminal force constitutes the following essentials:

1. There must be use of force.

2. The force should be used intentionally.
3. The force must have been used;

a. For committing of an offence; or

b. With the intention to cause fear, injury or annoyance to the other with
knowledge.

From this, we understood that the use of force is mandatory but mere force is
not punishable under law. Section 349 defines force but it is not treated as an
offence. That can be used in a positive sense also;
Eg: If someone uses force to protect someone from falling down, to protect
from an injury. It is not an offence. Hence, criminal force requires more than
the use of force. They are:-

CONSENT

The meaning of consent is provided in section 90 of IPC. The act of using force
must be without the consent of the person to whom such force is being used.
The terms “without consent” and “ against his will” are different. “Without
consent” means there is a physical and active opposition and “against his will”
means there is a mental and active opposition. Thus, the law requires the
accused to be without consent.

INTENTIONAL USE OF FORCE

The word intentional excludes all voluntary, accidental or even negligent acts
from the ambit of criminal force.

Eg: when a person negligently or carelessly pulls the veil of a woman, even
though without consent as it was not an intentional act of force, neither I sit
for committing an offence nor it is caused by an intention or knowledge to
cause injury or fear or annoyance.

Thus the act cannot be considered as a criminal force.

PRESENCE OF PERSON

To prove that there was the use of criminal force, the presence of the person
against whom the force is to be alleged to be used is mandatory. Thus, the law
does not consider the act as a force when a thief broke into a house whose
owner is not present there. There is no external force used upon the person. It
is not done without any use of force.

If the force does not cause any injury; it is constituted as a criminal force as it is
executed with a mental element, and is externally acted to achieve the results.
And the mere fact that the result was somehow escaped by some act will be
immaterial.
Eg:- the accused tried to beat a person with a stick and raise it with force
against the victim, but the victim escaped and frustrated the achievement of
the intended result. It will not be called a mere force.

Thus, the cause of injury or hurt is immaterial when other essentials of section
350 satisfy, ie; the intention or knowledge is enough.

ASSAULT (Section- 351)

According to Tomlins Law Dictionary, assault is “ an attempt with force and

violence, to do corporate hurt to another as by sticking at him with or without
a weapon. But no words whatsoever, be they even so provoking can amount to
an assault, notwithstanding the many ancient opinions to contrary”

Section 351 provides that: If a person makes any gesture, or any preparation
by knowing and with the intention that it will cause apprehension in the mind
of the person present there. It is the use of criminal force to that person. It 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 preparations amount to an assault.”

Illustrations:

 A person A untied the wrap of a vicious dog by knowing it will

cause harm on B. So A has committed an assault upon B.
 X shows clenched fist at Y which causes an apprehension in the
mind of Y that X is about to strike Y. X has committed an assault.

ESSENTIALS OF ASSAULT

1. Gestures or preparation:- that the accused should make a gesture

or preparation to use criminal force.
2. Such gestures or preparation should be made in the presence of
the person in respect of whom it is made.
3. The act was with an intention to cause an apprehension of harm
or injury;
 4. The act caused apprehension in the eyes of the victim that he
would be harmed by another person’s action.
Assault is a non cognizable offence, bailable and compoundable. It is triable by
any Magistrate.

Following are some instances of assault:

1. Throwing brick into another’s house.

2. Advancing with a threatening attitude to strike.
3. Pointing of a gun on someone at a short distance. If it is loaded or
unloaded is immaterial.
4. Lifting one’s lathi.

PUNISHMENT FOR ASSAULT OR CRIMINAL FORCE

Section 352 of IPC provides punishment for assault or use of criminal force
when there are no aggravating circumstances provided in sections 353 to 358.

When someone assaults or uses criminal force on another by the grave and
sudden provocation by another person, he may be sentenced to imprisonment
which may extend to three months, or fine up to INR 500, or both. It is defined
under section 352.
CASE LAWS

Ramakant Rajaram v. Manuel Fernandes

Here court observed that when the motion is caused or change in motion
caused, or cessation of motion is caused to the external object or substance or
thing which is in possession or in contact, it does not affect that person, then it
cannot be considered as force, it will not be the use of force.

Chandrika Sao v. State of Bihar

In this case, the lower court rejected the argument that merely snatching the
book away from the hands of the official, which he was in the official’s
possession at that time, was not a use of force. The Supreme court observed
otherwise, saying that the snatching of the book was capable of fulfilling the
essence of section 349. The book which was in possession of the official was
caused to have a motion or change in motion by mere snatching it; this affects
a sensation of feeling to the official’s hands. Therefore it is the use of force by
the accused.

Nani Gopal Das v. Bhima charan Rakshit

The court stated that the presence of the person whom the force is alleged to
be used is mandatory to prove that there was the use of force or criminal
force.

Bihari Lal v. Emperor

In this case, the court observed that in criminal force the physical presence of a
person, against whom the criminal force is alleged to be used is required.

RECENT CASE LAWS

Rajesh Kumar Chhatri vs The State Of Madhya Pradesh on 14 February, 2020

As per prosecution case, the victim, who is aged about 26 years working as
Assistant Commissioner Co-operative and Assistant Registrar Co-operative
Society Grade-II. The applicant was posted as Deputy Commissioner Co-
operative, Indore and the victim was working under him. It is alleged that
applicant used to repeatedly ask the complainant to visit Maheshwar for
excursion, to which she never agreed. From June 2019 the applicant started
having filthy conversation to which some had double meaning and used to pass
derogatory comments upon her body. He also used to make the complainant
sit in his cabin for hours and have vulgar conversations with her. He also used
to send messages her on whatsaap, which were suggestive, compelling her to
surrender to his sexual demand, the applicant sent lewd messages which
outraged the modesty of the complainant. He also threatened that if his
demands are not accepted then there will be dire consequence. It is also
alleged that on 21.10.2019 when she went to Bhopal with the applicant for
official visit where also he tried to give bad touches to her. On the basis of
aforesaid, the FIR bearing Crime No.36/2020 has been registered against the
applicant.
 Learned Senior counsel for the applicant has submitted that the applicant is
working in the Co-operative Department since the year of 1998 and no
allegation has ever been levied against him. It is further submitted that on
21.10.2019, the applicant was present in his office at Indore and he attended
his regular office. It is further submitted that the applicant was trying to keep
distance from the complainant which is apparent from the message sent by
the applicant to complainant. It is further submitted that from the averments
made in the complaint made by the victim to the Co-operative Minister, State
of M.P. there is no allegation that the applicant had assaulted the complainant
or had used any criminal force with intention to outrage her modesty,
therefore, no offence under Section 354 of I.P.C. is made out.

On the other hand, learned Public Prosecutor for the respondent/State as well
as the counsel of objector/victim opposes the application by contending that
on 21.10.2019 after finishing the work at Indore, the complainant had went to
Bhopal with the applicant for official work and while traveling to Bhopal, he
used bad touches on the person of the victim. It is further submitted that after
reaching the Bhopal the applicant insisted the victim to stay with him in the
hotel which she refused and asked the applicant to drop her at DB Mall where
she went to her relative's. These factual statement have been categorically
made by the victim in her statement under Section 161 and 164 of Cr.P.C.
which is part of the investigation. It is further submitted that the victim was
subjected various whatsapp messages sent by the applicant to her at various
point of time and also at odd hour's, which clearly shows that the applicant
compelled her to surrender his sexual demand and threatened that if his
demand is not satisfied then he will initiate departmental enquiry against her.
In these circumstances, sufficient material is available to constitute the offence
under Section 354 of I.P.C. against the applicant.

It is not disputed that victim was posted as Assistant Commissioner /Assistant

Registrar Co-operative, Indore. From the screenshots of the whatsapp
messages, it appears that the applicant sent objectionable whatsapp messages
to the complainant with demand or request for sexual favour and used to ask
the victim to meet with him in holidays. These messages clearly indicates the
intention of the applicant towards the victim who was subordinate to him.

Now the question is whether on the basis of these whatsaap messages an

offence is made out against the applicant for the offence under Section 354 of
I.P.C. which is non-bailable. Section 354 of I.P.C. reads as under:
"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."

(7). In the Indian Penal Code, Section 349 defines "Force" while Section
350 defines "Criminal Force" and Section 351 defines "Assault".

.In the present case the allegation made in the complaint are that the applicant
used to send the whatsapp messages on the mobile phone of victim and
requested for sexual favour. He used to obscene language with her while
sending messages on whatsapp and requested for sexual favour. He also used
to send these message odd times also and was thus torturing her. The
complaint clearly shows that she was apprehending loss of her career and was
terrified by his activities.

(10). Thus, this court find that the victim was tormented by the applicant
merely because the applicant was in a dominant position and therefore clearly
fall within the perview of Section 351 defining "assault" read with its
explanation. (11). So far as, the meaning of the word "Modesty".

The ultimate test for ascertaining whether the modesty of a woman has been
outraged, assaulted or insulted is that the action of the offender should be
such that it may be perceived as one which is capable of shocking the sense of
decency of a woman. A person slapping on the posterior of a woman in full
public glare would amount to outraging her modesty for it was 10
appln1199.10 not only an affront to the normal sense of feminine decency but
also an affront to the dignity of the lady.

It is also pertinent to note that from the FIR as well as Statement recorded
under Section 161 and 164 of Cr.P.C. reflects that applicant used to bad
touches on her person during traveling to Bhopal on 21.10.2019 and these
allegations is sufficient to constitute offence under Section 354 of I.P.C. against
the applicant (13). In view of the aforesaid discussion, this court come to
conclusion that looking to the over all facts and circumstances of the case and
the allegation made against the applicant, no ground is made out for grant of
anticipatory bail to the applicant. Accordingly, this application is dismissed.
CONCLUSION

Basically, assault is the apprehension that the other person is going to get hurt.
It is done to another person with the use of criminal force with an intention to
harm the other person. Nowadays, such offenses are common, so there is a
need of strict laws regarding this even though they are less serious offences.
The law should be implemented properly so that every person is protected by
law. This article focused on the explanation of the terms force, criminal force
and assault in IPC and its punishment. Not the aggravated forms of assault are
discussed here. Besides this, the article shows the distinction between criminal
force and assault that gives a clear idea about the concept.

REFERENCES

1. www.legalbites.in
2. Law Of Crimes [ Indian Penal Code, 1860], Dr. SR Myneni, 3rd
Edition
3. scholar.google.com
4. www.blog.ipleaders.in
5. indiankanoon.org