INTRODUCTION
The sanctity of an individual’s person and bodily autonomy is a fundamental tenet of any civilized legal system. Recognizing the inviolability of personal space and the right to live without fear of violence, the criminal justice system places significant emphasis on regulating the use or threat of force. In this context, the concepts of criminal force and assault occupy a pivotal place in the law governing offenses against the human body. In everyday life, these offenses manifest in various forms, ranging from minor altercations in public spaces to confrontations involving public servants, domestic disputes, mob behavior, and even targeted harassment. The legal provisions dealing with these acts serve to deter violence and draw a clear legal boundary between acceptable and unacceptable conduct in a civil society. The provisions related to this are under BNS [ BHARTIYA NYAYA SANHITA,2023], which aims to uphold the rule of law by criminalizing both the physical and psychological intimidation. This article helps you to understand these Bhartiya Nyaya Sanhita, 2023 [BNS] topics in great depth.
WHAT IS FORCE?
Force is defined in section 128 of the BHARTIYA NYAYA SANHITA,2023, and the IPC INDIAN PENAL CODE,1860, section 349.
The force is that they cause an object to move in a way that it comes into contact with any part of the other person’s body. Clothes, things, or anything that a person is holding, and the contact is enough for the other people to feel it.
For example—
1. A person throws a ball at person B, and the ball hits their arms or any part of their body. Even though A did not touch B’s person directly, he used an object to make contact with B’s person’s body.
Since the B felt the impact, this counts as force under section 128 of BNS.
- If someone pushes a bag that you a holding and you feel the push even though they did not touch you directly. The force has been used on you.
WHAT IS CRIMINAL FORCE?
In English law, criminal force is also known as battery. It is defined in section 129 of the Bhartiya Nyaya Sanhita,2023 [BNS] and section 350 of the IPC. We also study it in tort law.
Criminal force means that someone uses force intentionally on another person without their consent.
Criminal force is the use of physical force on someone without their consent or permission, usually to commit a crime or cause that person harm. They know that their actions will hurt, scare, or bother someone, and still they did it, and it’s known as criminal force.
INGREDIENTS OF CRIMINAL FORCE
- The person must know or intend to use force.
- Without the consent or permission of another person.
- Intending or knowing that it will cause injury, harm, fear, or annoyance.
ASSAULT
Assault is given in section 130 of the Bhartiya Nyaya Sanhita,2023, and section 351 of the IPC.
WHAT IS ASSAULT?
Assault means when someone does any action or makes preparations in a way that makes preparations in a way that makes another person nearby think they are about to be hurt or attacked. Even if there is no actual physical contact, they are just creating a fear of being harmed is known as assault.
Just using words is not considered assault. It should be combined with threatening gestures and actions. It may be the amount of assault.
INGREDIENTS OF ASSAULT
- Prima facie ability to harm.
- Gesture and preparation
- Intention or knowledge
- Apprehension of the use of force
- There is no need for physical contact
Apprehension is most important in this, the person must perceive that he will hurt.
CASE- STEPHENS V. MYERS [1830]
In this case, the defendant clenched the plaintiff’s hand and said he would throw him out of the chair. He was held liable for the assault because this created a fear of immediate harm.
- Verbal threats alone are not enough to be considered assault, unless the words are accompanied by gestures or actions.
- The entire offence of assault depends on what the victim believed, if the victim feels threatened, and then the belief is reasonable.
PUNISHMENT FOR ASSAULT AND CRIMINAL FORCE
Section 131 of BNS Punishment for assault and criminal force
- Simple assault or criminal force [ without aggravating factors]
Punishment – imprisonment up to 3 months, fine up to Rs. 1,000
Or both.
2. Is an Assault committed with specific intentions
Assault on a public servant while performing duty.
Punishment- imprisonment up to 2 years, a fine may also be imposed, or both.
3. Assault with intent to dishonor a person [especially women]
Punishment- imprisonment up to 2 years, the fine may also be imposed, or both.
- Assault to commit theft, wrongfully confine, or outrage modesty
Punishment- these cases fall under different clauses and have stricter punishments ranging from 3 to 7 years or more, depending on the severity.
- These are usually the bailable and non-cognizable offences unless combined with more serious offences.
CONCLUSION
Assault and criminal force play a crucial role in the structure of criminal law, as they help maintain a balance between individual freedoms and the need for social order. The Bharatiya Nyaya Sanhita (BNS) has preserved the fundamental ideas laid down in the Indian Penal Code but has refined and organized them more clearly. A clear line between merely threatening harm and actually causing it remains essential when deciding such cases. As society continues to evolve, especially with the rise of digital interactions, it becomes increasingly important for courts and lawmakers to interpret and update these laws to suit new and complex situations.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
