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Criminal force and Assault

Force (Section 349):

A is said to use force to B, if A causes motion or change of motion to B, or if A causes with any substance such a motion or change of motion so as to make that substance has come in contact with the body of B or anything he is carrying so as to affect his 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 described, they are:

1) By A, with his own bodily power.

2) By setting the substance in motion without further acting on it.

3) By inducing any animal to move.

Criminal force (Section 350)

Using criminal force is an offence punishable under I.P.C.Any person who intentionally uses 'force' on another without his consent with a view to commit an offence or knowingly uses force to cause injury, fear or annoyance to him, is guilty of using criminal force. The term “battery” of English law is also included in Criminal force.

E.g:

1. A incites his dog to spring upon Z without Z's consent. This annoys Z. A is guilty.

2. Z is carrying a pot of water. A, without Z's consent, intentionally to annoy Z, hits the pot with a stone. The stone makes a hole and water rushes out causing annoyance to Z. A is guilty.

3. A intentionally pulls the purdha of a woman without her consent to annoy her. A is guilty under this section.

Assault (Section 351):

Any person who intentionally or knowingly makes any gesture or preparation to apprehend another with a preparation to use criminal force is guilty of assault.

Explanation:

Mere words do not amount to assault. But the words with the use of gestures or preparations bring such a meaning that criminal force is about to be applied.

Eg:

1) A shakes his fist at Z, and moves towards Z in such a manner that Z believes that criminal force is about to be used on him. This is assault.

2) A begins to let loose a ferocious dog to cause fear and annoyance to Z.

This is assault.



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