2. A person is said to use force to another if he causes motion, change of
motion or cessation of motion to the other, or if he causes to any
substance such motion or change of motion or cessation of motion and
brings that substance into contact with any part of that other’s body or
with anything which that other is wearing or carrying or with anything
so situated that such contact affects that other’s sense of feeling:
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
3. 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.
4. 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.
ESSENTIAL INGREDIENTS:-
Intentional use of force to any person.
Such Force must have been used without the person’s consent
The Force must have been used:-
In order to committing of an offence
Intending to cause or knowing that is likely to cause Injury, fear or the
annoyance to the person towhom 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. Whoever makes any gesture or preparation intending or
knowing it to be likely that such gesture or preparation
will cause any person present to apprehend that the former
will use criminal force to the latter is said to commit an
assault.
Mere words do not amount to an assault
The words which a person uses may give to his gesture or
preparation such a meaning as may make those gestures or
preparation amount to an assault.
7. CRIMINAL FORCE
Criminal force is intentional
use of force to the victim
without his consent.
Criminal force is something
more than the assault , the
force is actually used
criminally crossing the limit
of gesture and preparation.
criminal force is something
more than the assault , the
force is actually used
criminally crossing the limit
of gesture and preparation.
Assault is the gesture and preparation
to apprehend the victim that the
offender will use criminal force.
An assault is something less than
the use of criminal force, the force
being cut short before the blow
actually falls.
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 .
ASSAULT