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’ body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’ 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 hereinafter described:
- By his own bodily power.
- 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.
- By inducing any animal to move, to change its motion, or to cease to move.
IPC Section 349: Simplified Explanation
IPC Section 349 of the Indian Penal Code defines the concept of “force.” This section outlines what constitutes the use of force against another person. The definition is broad and includes any situation where an individual causes motion, change of motion, or cessation of motion to another person by:
- Their physical actions.
- Carrying out these actions in conjunction with others.
- Using a third party to carry out these actions.
Key elements of this section include:
- Causing Motion or Change of Motion: The person must cause or change the motion of another person, which can include pushing, pulling, or any other physical movement.
- Means Used: The means used to cause motion can include direct physical force or manipulation of external factors (e.g., causing something to fall on someone).
- Intent: The action must be intentional and aimed at causing motion or change of motion in another person.
Is IPC Section 349 Bailable?
IPC Section 349 itself is a definitional section and does not specify penalties. Therefore, it does not have a direct implication for bail. Offences involving the use of force defined under IPC Section 349 are typically prosecuted under other specific sections, which determine the bailability based on the nature of the offence.
IPC Section 349 Punishment
Since IPC Section 349 is a definitional clause, it does not prescribe specific punishments. Instead, it provides the basis for understanding and prosecuting various offences involving the use of force under different sections of the IPC. The punishments for these offences vary depending on the specific nature and severity of the act committed.
Example of IPC Section 349
A real-life example of the application of IPC Section 349 involved a case where an individual forcibly removed another person from a public space by pushing them. This act constituted the use of force as defined under Section 349, and the person was subsequently charged under IPC Section 352 for assault or use of criminal force otherwise than on grave provocation. This example illustrates how the definition provided in Section 349 is applied in conjunction with other sections to prosecute offences involving force.
Offence: Use of Criminal Force (Related to IPC Section 349)
- Is IPC Section 349 Bailable? As a definitional section, IPC Section 349 itself does not determine bailability. The bailability depends on the specific offence under which charges are pressed, such as IPC Section 352.
- Punishment: Punishments are prescribed under relevant sections like IPC Section 352, which may include imprisonment for up to three months, a fine, or both, depending on the severity and context of the force used.
