Criminal force and assault are offences against the person that fall below hurt. They do not require the causation of bodily pain (that would be hurt under S.114); they protect against unwanted physical contact (criminal force) and the apprehension of such contact (assault).
BNS S.128 = IPC S.349 (force). BNS S.129 = IPC S.350 (criminal force). BNS S.130 = IPC S.351 (assault). BNS S.131 = IPC S.352 (punishment for assault otherwise than on grave provocation). BNS S.132 = IPC S.353 (assault on public servant). BNS S.136 = IPC S.358 (assault on grave provocation).
Definitions
Force (S.128)
A person uses force to another if he causes:
- Motion, or
- Change of motion, or
- Cessation of motion
to that other, or to any substance so as to bring it into contact with the other's body or with anything worn or carried by him.
Provided the force is caused by:
- (a) His own bodily power, or
- (b) Disposing any substance so that motion occurs without further act, or
- (c) Inducing any animal to move.
Criminal Force (S.129)
"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."
| Element | Content |
|---|---|
| Intentional use of force | Deliberate, not accidental |
| Without consent | The person's consent is absent |
| Purpose or consequence | To commit an offence, or to cause injury, fear or annoyance |
Assault (S.130)
"Whoever makes any gesture or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes it is about to use criminal force to that person, is said to commit an assault."
Key points:
- Mere words do not amount to assault.
- But words may give meaning to a gesture, making it an assault.
- No actual contact is needed: assault is the threat of contact.
Punishment
| Section | Offence | Punishment |
|---|---|---|
| S.131 | Assault or criminal force otherwise than on grave provocation | Up to 3 months, or fine up to Rs. 1,000, or both |
| S.132 | Assault or criminal force to deter public servant from duty | Up to 2 years, or fine, or both |
| S.133 | Assault or criminal force with intent to dishonour (not on grave provocation) | Up to 2 years, or fine, or both |
| S.134 | Assault in attempt to commit theft of property on a person | Up to 2 years, or fine, or both |
| S.135 | Assault in attempt to wrongfully confine | Up to 1 year, or fine up to Rs. 5,000, or both |
| S.136 | Assault on grave and sudden provocation | Simple imprisonment up to 1 month, or fine up to Rs. 1,000, or both |
Relationship Between Force, Criminal Force and Assault
| Concept | Relationship |
|---|---|
| Force | A physical act causing motion/change/cessation |
| Criminal force | Force used intentionally, without consent, with a criminal purpose |
| Assault | Apprehension of criminal force (no contact needed) |
| Hurt | A step beyond: criminal force that causes bodily pain, disease or infirmity |
The ladder: Assault (threat) < Criminal Force (contact without pain) < Hurt (contact with pain) < Grievous Hurt < Culpable Homicide < Murder.
Recall Check
- What three things does "force" involve under S.128?
- What distinguishes criminal force from mere force?
- Do mere words amount to assault?
- What is the relationship between assault and criminal force?
Distinctions
| Basis | Criminal Force (S.129) | Assault (S.130) |
|---|---|---|
| Contact | Actual use of force (contact or motion caused) | No contact; only apprehension |
| Nature | Physical act completed | Threatened act |
| Example | Pushing a person | Raising a fist menacingly |
| Words alone | Not enough for either, but may accompany force | Words alone are not assault; words + gesture may be |
| Basis | Criminal Force (S.129) | Hurt (S.114) |
|---|---|---|
| Consequence | Injury, fear or annoyance (no bodily pain needed) | Bodily pain, disease or infirmity |
| Example | Spitting on a person (annoyance, no pain) | Slapping a person (bodily pain) |
| Punishment (basic) | Up to 3 months | Up to 1 year |
| Basis | Assault (S.130) | Attempt to Commit Criminal Force |
|---|---|---|
| Nature | A gesture or preparation causing apprehension | An attempt that goes beyond gesture towards actual use of force |
| Contact | None | May or may not involve contact |
| Distinction | Assault is the apprehension; it is a standalone offence | Attempt to use criminal force may overlap but requires an act towards commission |
Flashcards
Define "force" under S.128.
Causing motion, change of motion, or cessation of motion to another person, or to any substance so as to bring it into contact with that person, by one's own bodily power, by disposing a substance, or by inducing an animal to move.
What makes force "criminal" under S.129?
It is intentional, without the other person's consent, and done in order to commit an offence or to cause injury, fear or annoyance.
What is assault under S.130?
Making any gesture or preparation that causes a person present to apprehend that criminal force is about to be used on him. No contact is needed.
Do mere words constitute assault?
No. But words may give meaning to a gesture, making it an assault (Explanation to S.130).
What is the punishment for assault on a public servant under S.132?
Up to 2 years, or fine, or both.
Exam Scenario
Problem: In a crowded market, Faisal deliberately pushes Gita aside to make way, causing her to stumble but no pain. Separately, Hamid raises a cricket bat over Irfan's head, shouting "I will break your skull," but is restrained by bystanders before he can strike. Gita files a complaint of criminal force; Irfan files a complaint of assault. Advise.
Step 1: Test Faisal's push
| Element of S.129 | Faisal |
|---|---|
| Force (motion caused to Gita) | Yes: she stumbled |
| Intentional | Yes: deliberately pushed |
| Without consent | Yes |
| To cause injury, fear or annoyance | Annoyance: being pushed aside in a crowd is annoying; fear of falling |
| Bodily pain? | No (she stumbled but no pain is alleged) |
Since no bodily pain is caused, this is criminal force (S.129, punished under S.131), not hurt (S.114). Punishment: up to 3 months or fine up to Rs. 1,000.
Step 2: Test Hamid's raised bat
| Element of S.130 | Hamid |
|---|---|
| Gesture or preparation | Yes: raising a bat over Irfan's head |
| Words giving meaning to the gesture | "I will break your skull" explains the gesture |
| Apprehension of criminal force | Yes: Irfan apprehends he is about to be struck |
| Was force actually used? | No: restrained before striking |
This is assault (S.130, punished under S.131). Punishment: up to 3 months or fine up to Rs. 1,000.
If the words alone had been spoken without the bat being raised, no assault. The gesture is what makes it assault; the words clarify the gesture.
No pain does not mean no offence. A push causing annoyance but no bodily pain is criminal force, not hurt. Do not dismiss it as no offence merely because there is no injury.
Words alone are never assault. Hamid's shout alone would not constitute assault. It is the raised bat (the gesture) that creates the apprehension. The words merely explain what the gesture means.
Conclusion. Faisal: criminal force under S.129/S.131 (no hurt). Hamid: assault under S.130/S.131 (no contact needed).
See Also
- Hurt and Grievous Hurt : the next step up from criminal force, where bodily pain is caused.
- Wrongful Restraint and Wrongful Confinement : where criminal force is used to confine.
- Right of Private Defence : assault or criminal force may occasion the exercise of private defence.