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 a 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 produces 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.
BNS Section 129 addresses the use of criminal force, which involves the intentional application of force to a person without their consent. The section provides various examples illustrating different scenarios where force is used to commit an offense or to cause injury, fear, or annoyance. The key element in determining criminal force is the lack of consent and the intention or knowledge that the force used will likely result in harm.
A1: Criminal force is defined as intentionally using force against a person without their consent to commit an offense, or intending or knowing that the force will cause injury, fear, or annoyance to the person.
A2: Examples include causing a boat to drift away without consent, lashing horses to quicken their pace, stopping a palanquin to commit robbery, pushing someone intentionally, throwing a stone to hit someone, pulling up a woman’s veil, or inciting a dog to attack someone.
A3: The victim’s lack of consent is crucial in determining criminal force. Force used without consent, especially with the intention to cause harm or discomfort, is considered criminal force.
A4: Intention or knowledge that the force used will likely cause injury, fear, or annoyance is essential in classifying an act as criminal force. The perpetrator must either intend to cause such effects or be aware that their actions are likely to do so.
Scenario 1: A pulls a woman's veil in a public place, intending to embarrass her. This act is considered criminal force if done without her consent.
Scenario 2: A throws a stone at Z with the intent to hit Z or cause annoyance. If the stone hits Z or their belongings, A has used criminal force.
BNS Section 129 defines criminal force as the intentional use of force against a person without their consent, with the aim of committing an offense or causing harm, fear, or annoyance. It provides various illustrations of how force can be applied in different contexts to constitute criminal force, emphasizing the importance of consent and the perpetrator's intention or knowledge of the likely effects of their actions.
Answer By Law4u Team
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