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.

Comments

Republic Day 26 Jan 2021 Celebration at ETA GARDEN Apartment

Republic Day 26 Jan 2021 Celebration at ETA GARDEN Apartment I, Trilok Chand Gupta Joint Secretary of ETA Garden have celebrated and raised our country Flag at our pavilion. It's been published in the News Paper for welcoming people for Flag Hoisting.

UNLAWFUL ASSEMBLY, RIOT, AFFRAY

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1) to over-throw by criminal force the Government or the legislature or 2) To resist the execution of any legal process 3) To commit mischief (Sec-425), criminal trespass (441) 4) To obtain property or right by criminal force or 5) To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1) The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2) This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...

Winding Up Companies rules Section 272

Winding Up: 1) Winding up of a company is a process through which the life of the company comes into an end. 2) In this process the management of the company is taken away from the hands of the Directors of the company. 3) An administrator called a liquidator is appointed and he takes the control of the company, collects the assets, liabilities are discharged (i.e. all the creditors) and finally distributes if any surplus among the members. 4) At the end of the winding up, the company is left with no assets and liabilities and thus gets formally dissolved. Compulsory Winding up: 1) The winding up process done by the tribunal is known a compulsory winding up of a company. 2) It is also known as Tribunal Winding up. 3) Chapter XX, Part – 1of the CA 2013 deals with the compulsory winding up. Grounds for winding up by Tribunal: 1) Special Resolution 2) Acts against sovereignty 3) Default in filing the statements 4) Fraudulent Conduct 5) Just and Equitable. Person who can file a Petition to...

Offences Relating to Marriage , Adultery and Bigamy

Offences Relating to Marriage (Section 493 to 498): Sec-493 to 498 of IPC deals with the offences relating to the marriages, they are: a) Mock Marriage b) Bigamy c) Adultery 1. Mock Marriage: Mock Marriage means Invalid marriage. It is a sexual intercourse by a man with a married or unmarried woman of any age, whom he induces to be his wife, but in fact he is a concubine. It shall be punished with an Imprisonment up to 10 years and fine. Ingredients: a) The accused has done sexual intercourse with the prosecution. b) He has not legally married to her. c) She has given a consent for sexual intercourse believing that he would marry. d) Such belief in her was induced by the accused. Marriage ceremony fraudulently done without lawful marriage (Sec-496): As per sec-496, Whoever dishonestly or with a fraudulent intention has gone through the ceremony of being married, knowing that he is not been lawfully married, shall be punished with an Imprisonment up to 7 years with fine. Ingredients: a)...

Trilok Gupta's Blog

Search This Blog