Skip to main content

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.



Labels:

Comments

Post a Comment

Popular posts from this blog

Types of Punishments

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...
Post a Comment
Read more

Right of Private defence

The Right of Private defense: (Section 96 to 106): One of the fundamental principles of law is that every individual has a right to defend himself and his property. This is the doctrine of self-defense or self-preservation. Sec. 96 to 106 has recognized this rule and have provided for the limits within which it may be exercised. This may be discussed under two heads: a) Right of person b) Right of property 1. Right of person: A) Every person has a right to defend his own body and the body of any other person against any person. (Sec-97) B) Against a madman etc: The right extends in all circumstances against anyperson who is insane, drunk or who by a reason of youth immaturity is excused under law (Sec- 98) Eg: Z under madness attempts to kill A.A may defend and even kill Z if circumstances so warrant. C) Extension of the right: Sec-100 provides as follows :A person who is under a reasonable apprehension that his life is in danger,may to defend himself, voluntarily cause the death of th...
Post a Comment
Read more

Theories of Punishment

 Theories of Punishment: Imposing punishment upon the wrong doer was recognized from the time of immemorial. In olden days, severe punishment was imposed for smaller offence. As the civilization developed, the attitude towards the imposing of the punishment has been changed. Gandhi said, “Hate the Sin, but not the Sinner” Like this, other philosophers showed mercy upon the criminals and started analyzing the Socio-economic circumstances behind the incident of the offence. Their views are classified into: 1) Deterrent Theory 2) Retributive Theory 3) Reformative Theory 4) Preventive Theory 5) Expiatory Theory 1. Deterrent Theory: According to this theory, the punishment given to a wrong doer must be as hard as possible so that it may set an example who commits the same. That is, it not only punishes a particular person but it also directs punishment to the other possible criminals. The deterrent theory creates some kind of fear in the mind of other by providing an adequate penalty an...
Post a Comment
Read more