A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or 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:
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 following three ways, namely:—
(a) by his own bodily power;
(b) 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;
(c) by inducing any animal to move, to change its motion, or to cease to move.
Simplified Explanation
Section 128 of the Bharatiya Nyaya Sanhita, 2023 defines the concept of force and how it is applied to another person or object. This section clarifies what constitutes “using force” and the methods by which force can be exerted on someone or something.
Section 128 – Force
Definition of Force:
A person is said to use force upon another if they cause:
- Motion: Moving the other person or an object they are in contact with.
- Change of Motion: Altering the direction, speed, or movement of the person or object.
- Cessation of Motion: Stopping the movement of the person or object.
Additionally, force can be applied to any substance in such a way that the motion, change of motion, or cessation of motion leads to the substance coming into contact with:
- Any part of the other person’s body,
- Any item that the person is wearing or carrying,
- Anything situated in a way that the contact with the substance affects the person’s sense of feeling.
This means that force is not limited to direct physical contact with the person but can also involve indirect contact through objects or substances.
The Three Ways to Cause Motion, Change of Motion, or Cessation of Motion:
For a person to be considered as using force, the motion or change of motion must occur in one of the following ways:
- By Own Bodily Power: The person directly uses their body to exert force, such as pushing, pulling, or striking another person or object.
- By Disposing a Substance: The person places a substance in a manner that causes motion, change of motion, or cessation of motion without any further action on their part or anyone else’s. For example, setting up a trap or releasing a moving object that causes contact with the person.
- By Inducing an Animal: The person uses an animal to cause motion or changes in the motion of the person or object. For example, directing an animal to attack or move in a certain way that causes an effect on the person.
Example Scenarios:
- Example 1: If A pushes B to make them move in a particular direction, A is said to be using force on B.
- Example 2: If A releases a ball that rolls and strikes B, causing B to be knocked down, A is using force by disposing of the ball in a manner that causes the motion.
- Example 3: If A commands a dog to run towards B and knock them over, A is using the animal to cause force upon B.
Key Points to Remember:
- Force involves both direct physical actions (using one’s own body) and indirect actions (like using substances or animals to create motion).
- Force can affect a person’s body directly or their sense of feeling through contact with other substances, such as objects they are wearing or carrying.
- This section recognizes indirect methods of exerting force, such as setting a substance in motion or using an animal to cause an effect.
This definition of force is critical in understanding legal situations where physical action or the use of an object or animal causes an effect on another person.
