Criminal force and assault are one of the most common crimes mentioned in the Indian penal code. Not only mentioned in the Indian penal code but also are the most common crimes around the world. Criminal force is incorporated in section- 350 of IPC and assault in section-351 of IPC. Criminal force can also be understood as an aggravated form of assault. As, assault only implies some gesture preparing to use criminal force, criminal force is the actual use of force. In this article I will be discussing criminal force and assault and their specific ingredients.

Let’s first ponder what is force in legal terms?

Section 349 has just defined the force but it is not treated as a negative act. This means force can be used in a positive sense.

“According to Section 349 of IPC,1860 it says A person is said to use force to another if he causes motion, change of motion or cessation of motion as bring that substance into contract with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated hat such contact affects that other’ sense of feeling: provide 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 including any animal to move, to change its motion, or to cease to move.

Example: If I use force to protect a person from falling down or protect the person from an injury, it will not be considered as an offense but still satisfies the essential of section 349.

Case-law: –   Innes v. Wylie

When will the force actually become criminal?

Criminal Force:-

It comes under SECTION 350 OF IPC,

“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 to fear on annoyance to the person to whom the force is use, is said to use criminal force to that other”.

Ingredients of Criminal Force

1. Intentional use of force to any person.
2. Such force must have been without the person’s consent.
3. The force must have been used:

• In order to commit an offence.
• Intending to cause injury, fear or the annoyance to the person to whom the force is used.

Example: A encourages a dog to attack Z without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.

Assault is a primary part of some criminal chaos. Assault is the origin aimed at an act to be considered as criminal. Numerous times it occurs that assault or misunderstood leading to confusion. Thereafter it turns out to be difficult to understand exactly what act committed was. So, It’s important to evidently know it’s meaning to sidestep confusion. The act clearly tells us the legality of the act and also the mindset of the person who is damaging and having wrong intensions.

Assault:

It comes under Section 351 of IPC,

“When anyone makes any gesture or preparing to make any gesture will cause another person who is present there to comprehend that, he who is making the gesture or preparing for that gesture is about to use criminal force to other person, then it is said that an assault has been committed”.

3 Essential Elements which prove an act of Assault:

1. Intension: The intension of the person is the initial and the foremost thing that is reflected on the subject of an assault. When the act has been completed purposely like scaring, threatening or harming the other person which effects the other person to be hurt straightaway then it is to be considered as an assault, whereas an act has been done unintentionally or by the way of an accident then it is not considered as an assault.

e.g.: I will make my dog bite you one day.

2. Reasonable Apprehension: Means that when the individual who is going to get injured observes or gets an idea that he is going to get harmed. If there is no sensible apprehension, then it becomes problematic to demonstrate assault. If the person who is going to get hurt has no idea that he is going, get hurt then it’s difficult to prove an assault.

e.g.: Loosening the muzzle of the dog.

3. Harm: The harm can be physical arm, harm out of threat or by violent contact.

e.g.: The movement dog attacks the person.

A mere verbal intimidation cannot be considered as a stabbing except the person to whom verbal threat is made undertakes that the person is going to use force. When corroborating assault, the aspect of moderation is also very important. Unless, there is no reasonableness of the action, it is challenging to prove assault. The essence of the misconduct lies in the effect that is made in the mind of the person who has or going is to get hurt.

Case – Law:

Cherubin v. State of Bihar AIR 1964 S.C.205

It was held that fixing naked wire, without due warning across the passage of the latrine to keep the trespassers away from the latrine and thereby causing the death of trespassers was actionable.

Punishment granted for CRIMINAL FORCE and ASSAULT: 

{Section 352 of IPC}                 

When a person commits assault on another person other than on grave and unexpected needling done by that person, he shall be punished with imprisonment which may extend to 3 months or fine extending to 500 rupees or both. This is the punishment of assault when there are no provoking circumstances. Grave and sudden provocation causing assault will not lead to punishment under this section. The penalty also depends upon what were the circumstances under which the assault had taken place and what are its significances and the situation of the victim after the commission of the offense.     

 

Conclusion :-

Assault is basically apprehension that the other person is going to get hurt. It is done to another person with the use of criminal force with the ill will to harm the other person. People face a lot of problems because of this, especially women, So, it was inevitable that strict law regarding Assault and Criminal Force had to be fend in place and be implemented properly so that every person is protected by the law. Any person who act another person by using criminal force, he may be punished or fixed or both, according to IPC.