Breaking News, Latest News, World News, India News, Cricket, Videos & Photos

When will the force become a criminal force?

Force, Criminal Force & assault are interlinked to each other. If there is criminal force, there must be force and if there is assault there must be criminal force. So, the essential requisite or ingredients defines them. Basically, the definition of force, criminal force and assault is mentioned under section 349, 350, 351 of Indian Penal Code respectively.

 

Section 349 of Indian Penal Code

 

Section 349 of Indian Penal Code talks about force. This section states that a person is said to use force when he causes motion, change of motion or cessation of motion either directly to the person or do the same on any substance in which is in contact to that person.

The basic essential that constitute this section is –

  • Causing of motion
  • Change of motion
  • Cessation of motion

 

Section 350 of Indian penal code 

 

Section 350 of Indian Penal Code talks about criminal force. This section states that if a person uses force without the consent of the person with an intention to cause or with a knowledge that the act is likely to cause injury, fear or annoyance to the person against whom force is used.

 

Essential requisite –

  • Force becomes criminal force when these ingredients are fulfilled-
  • Intentional use of force
  • Without the person’s consent
  • Intention or knowledge
  • Act will cause injury, fear or annoyance

 

Chandrika Sao v. State of Bihar, AIR 1967 SC 170

In this case, the court held that to constitute criminal force, there must be intention to cause or knowledge that the act is likely to cause injury, fear or annoyance to the person.

 

Kalar Din v. Emperor, (1941) 42 Cr LJ 272

In this case, the court held that criminal force can only be used against a person and not a thing.

 

Mangiram v. Emperor, (1927) 28 Cr LJ 964

In this case, the court held that breaking a lock to open doesn’t constitute criminal force because there must be a direct or indirect act which causes injury, dear or annoyance to the person.

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept

Privacy & Cookies Policy