Whoever intentionally uses force to any person, without that person’ 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
- 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’ part. A has therefore intentionally used force to Z; and if he has done so without Z’ 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.
- Z is riding in a chariot. A lashes Z’ 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’ consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z.
- 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’ consent, in order to the commission of an offence. A has used criminal force to Z.
- 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’ consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
- 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’ clothes, or with something carried by Z, or that it will strike water, and dash up the water against Z’ 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’ clothes, A has used force to Z, and if he did so without Z’ consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z.
- A intentionally pulls up a Woman’ 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.
- 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’ sense of feeling, A has therefore intentionally used force to Z; and if he has done this without Z’ consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.
- A incites a dog to spring upon Z, without Z’ consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.
IPC Section 350: Simplified Explanation
IPC Section 350 of the Indian Penal Code defines the offence of “criminal force.” This section outlines what constitutes the use of force against another person intending to commit an offence or cause injury, fear, or annoyance. The definition includes any situation where an individual intentionally uses force against another person to achieve these unlawful outcomes.
Key elements of this section include:
- Use of Force: The person must use force against another individual. Force, as defined under IPC Section 349, involves causing motion, change of motion, or cessation of motion.
- Intent: The force must be used to commit an offence or cause injury, fear, or annoyance to the person.
- Resulting Consequences: Using force should result in the victim experiencing injury, fear, or annoyance.
Is IPC Section 350 Bailable?
Since IPC Section 350 is a definitional section and does not specify penalties, it does not directly determine bailability. Offences involving criminal force, as defined under IPC Section 350, are prosecuted under other specific sections, which determine the bailability based on the nature of the offence.
IPC Section 350 Punishment
Since IPC Section 350 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 criminal 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 350
A real-life example of the application of IPC Section 350 involved a case where an individual forcibly snatched a mobile phone from another person’s hand, causing fear and annoyance to the victim. This act constituted the use of criminal force as defined under Section 350, and the person was subsequently charged under IPC Section 356 for assault or criminal force in an attempt to commit theft of property carried by a person. This example illustrates how the definition provided in Section 350 is applied in conjunction with other sections to prosecute offences involving criminal force.
Offence: Use of Criminal Force (Related to IPC Section 350)
- Is IPC Section 350 Bailable? As a definitional section, IPC Section 350 itself does not determine bailability. The bailability depends on the specific offence under which charges are pressed, such as IPC Section 352 (Punishment for assault or criminal force otherwise than on grave provocation).
- 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 criminal force used.
