Force, Criminal Force and Assault under Indian Penal Code, 1860


Video Lecture

 https://youtu.be/YSHsIrgoL5A

Sections 349 – 358 of Indian Penal Code, 1860 cover “Force, Criminal Force and Assault” and these sections are the part of Chapter XVI of the same code.

Force (Section: 349) has been defined that a person is said to use force to another

·         If he causes:

1.      motion,

2.      change of motion,

3.      or cessation of motion to that other,

·         Or if he causes any substance such;

1.      motion  or

2.      change of motion, or

3.      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.

Motion or change of motion or cessation of motion can be caused by a person, in one of three ways:

1.      By his own bodily power; or

2.      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 ; or

3.      By inducing any animal to move or change its motion or to cease to move.

Section – 350

Criminal Force: This section includes the following essentials;

1.      There must be intentional use of force to any person.

2.      Such force must have been used without that person’s consent.

3.      It must have been used –

·         In order to the committing of any force;

·         With the intention to cause injury, fear or annoyance to the person to whom it is used

For examples –

(i)                 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 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.

(ii)               Z is riding 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 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.

(iii)             A intentionally pulls up a woman’s veil. Here, A intentionally used 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.

(iv)             A incites a dog to spring upon Z, without Z’s consent. Here, if intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.

Section 351

Definition of Assault

Whoever makes any gesture or preparation intending or knowing it to be likely, that such gesture or preparation will cause any person present to apprehend that the former will use criminal force to latter, is said to commit an “assault”.

Hence, assault requires;

ü  Making any gesture or preparation by a person in the presence of another; and

ü  Intention or knowledge of likelihood that such gesture or preparation will cause;

ü  The person to apprehend that the person making it is about to use criminal force to him

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 those gestures or preparation amount to an assault.

Illustrations –

(i)                 A shakes his fist  Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.

(ii)               A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.

(iii)             A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault.

Section 352

Punishment: Whoever assaults or uses criminal force to any person (except on grave and sudden provocation) shall be punished with imprisonment of either description for a term which may extend to 500 Rupees or with both.

Section 353

Assault or Criminal Force to A Public Servant while in the execution of his duty or with intent to prevent or deter that person from discharging his duty is covered under this section and punishable with imprisonment of either description for a term which may extend to 2 years, or with fine or with both.

Section 354

Assault or Criminal Force to any woman intending to outrage or knowing it to be likely that he will there be outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extent to 5 years, and shall also be liable to fine.

Section 354A

Sexual Harassment and punishment for sexual harassment

1.      It includes the acts of a man :-

(i)                 Physical contact and advances involving unwelcome and explicit sexual overtures; or

(ii)               A demand or request for sexual favors; or

(iii)             Showing pornography against the will of a woman; or

(iv)             Making sexually coloured remarks

2.      These all above mentioned acts include sexual harassment and the person who is found guilty of such offence as per clause (i), clause (ii) and clause (iii) of subsection 1, shall be punished with rigorous imprisonment for a term which may extend to 3 years or with fine or with both.

3.      And the offence committed under clause (iv) of subsection 1 shall be punished with imprisonment for a term which may extend to 1 year or with fine or with both.

Section 354B

Assault or use of criminal force to woman with intent to disrobing or compelling a woman to be naked, shall be punished with imprisonment of either description for a term which shall not be less than 3 years but which may extend to 7 years., and shall also be liable to fine.

 

Section 354C

Voyeurism

It is defined as an act of any man of watching or capturing the image of a woman engaging in private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description which shall not be less than 1 year but which may extend to 3 years and shall also be liable to fine.

And such person shall be punished on a subsequent conviction with imprisonment of either description for a term which shall not be less than 3 years but which may extend to 7 years and shall also be liable to fine.

Section 354D

Stalking

1.      It has been described as any man who –

(i)                 Follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii)               Monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:

But such conduct shall not amount to stalking if the man who pursued stalking, is able to prove that –

(a)    He did so for the purpose of preventing or detecting crime and he had been entrusted with the responsibility of prevention and detection of crime by the State; or

(b)   It was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or

(c)    In the particular circumstances such conduct was reasonable and justified.

 

2.      Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which extend to 3 years and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

 

 

Section 355

Assault or Criminal Force to any person intending thereby to dishonor that person (except on grave and sudden provocation) shall be punished with imprisonment of either description for a term which may extend to 2 years or with fine or with both.

Section 356

Assault or Criminal Force to any person in attempting to commit theft on any property which that person is wearing or carrying shall be punished with imprisonment of either description for a term which may extend to 2 years or with fine or with both.

Section 357

Assault to Criminal Force to any person in attempting wrongfully, to confine that person, shall be punished with imprisonment of either description for a term which may extend to 1 year or with fine which may extend to Rs. 1,000/- or with both.

Section 358

Assault or Criminal Force to any person on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 1 month or with fine which may extend 2,00/- Rs or with both.

Comments

Post a Comment

Popular posts from this blog

Meaning of Actionable Claim under Transfer of Property Act,1882

  Video Lecture: https://youtu.be/zPaSJJ-D00w Meaning of Actionable Claim Interpretation of actionable claim as per section 3 of Transfer of Property act, 1882 and Chapter VII of the act covers “Transfer of Actionable Claims” and provisions of the same are covered under sections 130-137.   Interpretation of actionable claim as per section 3 is: “Actionable claim” means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable not in possession, either actual or constructive, of the claimant, which the civil courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent. For understanding this interpretation, first need to comprehend the meaning of debt: (First this part of above interpretation will be discussed: “Actionable claim” means a claim to any debt, other than a debt s...
Read more

Introduction of Transfer of Property Act, 1882

Image
  Transfer of Property Act, 1882 Introduction to Transfer of Property Act, 1882 Transfer of Property Act deals with Transfer Of Property, generally it is for immovable as aspects related to movable property are specifically covered under Sale of Goods Act, 1930. Still, there are certain provisions related to movable property as well. So, what is property? Property is a wider term and includes anything which has some value and right of ownership may be exercised on it. Case Law: Raichand v. Dattatrya A.I.R. 1964 It was held that the word property in its broadest sense covers all legal rights of a person but not his personal rights as of his status or personal obligation. In India, distinction of property is based on movable and immovable as compared to English Law where property is categorized as real and personal. The transfer of property is covered specifically by: Movable: Sale of Goods Act, 1930 Immovable: Transfer of Property Act, 1882 But there ...
Read more

Notice Under Transfer of Property Act, 1882

https://youtu.be/XseQsukcv4Q   Notice Literally the term “notice’ means intimation, intelligence or warning. Legal meaning of notice is knowledge of a fact or the information about a fact. It means that when a person has a notice of something, he has knowledge or information about a fact. And in law, if is established before court that a person has a notice of some fact or transaction, the knowledge of that fact is binding on that person. Hence, if person has knowledge or notice of some fact, he cannot deny the knowledge or notice of the fact if the same goes against him. First, understand the interpretation of notice as per bare act: Section 3 interprets notice as, “a person to have notice” of a fact when he actually knows that fact, or when but for willful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation I : Where any transaction relating to immovable property is required by law to be and has be...
Read more