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 to whom the force is used, is said to use criminal force to that other.
Illustrations.
(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.
(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z.
(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an offence. A has used criminal force to Z.
(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z, and if he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z.
(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.
(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.
(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.
Simplified Explanation
Section 129 of the Bharatiya Nyaya Sanhita, 2023 deals with the concept of criminal force. It outlines what constitutes the intentional use of force without consent, and the situations in which such force can be classified as criminal.
Section 129 – Criminal Force
A person is said to use criminal force to another if they:
- Intentionally use force on another person without their consent, and
- Intend to commit an offense, or
- Know that the force will likely cause injury, fear, or annoyance to the person being subjected to the force.
The key elements of criminal force are:
- Intention: The person must have a clear intention behind using the force.
- Lack of Consent: The force must be used without the consent of the person affected.
- Resulting Consequences: The force should be used with the knowledge that it is likely to cause injury, fear, or annoyance.
Illustrations of Criminal Force:
- Illustration (a):
- Scenario: Z is sitting in a boat on a river. A unfastens the moorings, causing the boat to drift downstream.
- Analysis: A intentionally causes motion (force) to Z by allowing the boat to drift. If A does this without Z’s consent and with the intention of committing an offense or knowing it will cause fear or annoyance, it is considered criminal force.
- Illustration (b):
- Scenario: Z is riding in a chariot, and A lashes the horses to make them move faster.
- Analysis: A causes a change of motion (force) to Z by inducing the animals to move faster. If A does this without Z’s consent, intending to cause injury, fear, or annoyance, it is criminal force.
- Illustration (c):
- Scenario: Z is in a palanquin, and A seizes the pole, stopping the palanquin.
- Analysis: A causes the cessation of motion (force) to Z by his bodily power. If A acts intentionally, without Z’s consent, in order to commit an offense (like robbery), it constitutes criminal force.
- Illustration (d):
- Scenario: A pushes against Z in a street.
- Analysis: A uses his own bodily power to move and contact Z. If done without Z’s consent and with the intent to injure, frighten, or annoy Z, this is criminal force.
- Illustration (e):
- Scenario: A throws a stone with the intent to make contact with Z or their belongings.
- Analysis: A uses force by throwing the stone and causing contact with Z. If done without Z’s consent and with the intention of causing injury, fear, or annoyance, it is criminal force.
- Illustration (f):
- Scenario: A pulls up a woman’s veil without her consent.
- Analysis: A uses force intentionally, and if it causes injury, fear, or annoyance to the woman, it is criminal force.
- Illustration (g):
- Scenario: A pours boiling water into a bath while Z is bathing.
- Analysis: A intentionally uses force by making the boiling water come into contact with Z, which can cause injury, fear, or annoyance. If done without Z’s consent, this is criminal force.
- Illustration (h):
- Scenario: A incites a dog to attack Z.
- Analysis: A uses force by inciting an animal to cause harm or distress to Z. If this is done with the intent to injure, frighten, or annoy Z, it constitutes criminal force.
Key Points:
- Intent is crucial for criminal force: It is not just about the act of using force but the purpose behind it (such as to commit a crime or cause harm).
- Consent is another key element: Without the person’s consent, the use of force is more likely to be considered criminal.
- The effect of the force—causing injury, fear, or annoyance—matters in determining whether criminal force has been used.
This section provides a broad understanding of how force, even if not directly physical, can be considered criminal when it leads to harm, fear, or disturbance in an unlawful manner.
