2. Force becomes criminal only when -- it is used without
consent and in order of committing offence. when it is used
to cause injury, fear or annoyance to another to whom the
force is used.
3. 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
4. Intentional use of force to any person.
Such Force must have been used without the
person’s consent
The Force must have been used:-
1. (a) In order to committing of an offence.
2. (b) Intending to cause or knowing that is likely to
cause Injury, fear or the annoyance to the person to
whom the Force is used.
5. 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.
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.
6. In this case a person broke the house in the absence
of the occupant, then it is clear that the accused had
taken the possession of the house without any force
or criminal force. But If, a person struck a pot which
another person was carrying and which was in
contact with his body, it constitutes the offence of
criminal force. Thus the physical presence of a
person makes a crucial difference, between an act
amounting to criminal force or not.
7. Fact:
The accused had been convicted of using criminal force
to a public servant to prevent him from discharging his
duty. The evidence was that the appellant who had a
chopper in his hand had said “If you go in I will
hammer you”.
Held:
as no force was in fact used the appellant could not be
convicted of using criminal force
8. This section provides punishment for assault and criminal force,
otherwise than on grave and sudden provocation with
imprisonment of either description for three months, or with
fine which may extend to five hundred rupees, or with both.
INGRIDIENTS: It must be proved that
1) The accused made a gesture or preparation to use criminal
force;
2) The accused knew that it was likely that such gesture or
preparation to use criminal force would cause apprehension
that such assault or use of force would be done ; and
3) That no grave or sudden provocation was received from the
complainant.
9. 353. Assault or criminal force to deter public
servant from discharge of his duty.
354. Assault or criminal force to woman with
intent to outrage her modesty.
355. Assault or criminal force with intent to
dishonour person, otherwise than on grave
provocation.
356. Assault or criminal force in attempt to commit
theft of property carried by a person.
357. Assault or criminal force in attempt
wrongfully to confine a person.
358. Assault or criminal force on grave
provocation.
10. Assault is the gesture and preparation to apprehend
the victim that the offender will use criminal force .
But criminal force is intentional use of force to the
victim without his consent.
Criminal force includes assault . But assault may
not include criminal force.
11. An assault is something less than the use of criminal
force, the force being cut short before the blow actually
falls . But criminal force is something more than the
assault , the force is actually used criminally crossing
the limit of gesture and preparation..
Assault consists of an attempt to offer by a person
having present ability with force to do any hurt or
violence to the person of another ; it is committed
whenever a well founded apprehension of immediate
peril from force already partially or fully put in motion
is created . But in criminal force the motion , change of
motion or cessation of motion of the victim is actually
caused by use of force.