THE INDIAN PENAL CODE, 1860
CONTENTS
5
OF CRIMINAL FORCE AND ASSAULT
349. Force
350. Criminal
force
351. Assault
352. Punishment
for assault or criminal force otherwise than on grave provocation
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
of 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
CHAPTER XVI
5
OF CRIMINAL FORCE AND ASSAULT
349. Force: - A person is said to use force to another if he causes motion, change of motion,
or cessation of motion to that other, or if he causes to any substance such
motion, or change of motion, or cessation of motion as brings that substance
into contact with any part of that other’s body, or with anything which that
other wearing or carrying, or with anything so situated that such contact
affects that other’s sense of feeling: provided that the person causing the
motion, or change of motion, or cessation of motion causes that motion, change
of motion, or cessation of motion in one of the three ways hereinafter
described.
First:
- By his own bodily power.
Secondly:
- 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.
Thirdly:
- By inducing any animal to move, to change its motion, or to cease
to move.
350. Criminal force:
- 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 act 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 in 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 reading in a chariot. A lashes Z’s
horses, and thereby causes them to quicken there pace. Here Z has caused 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 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 in to 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 produce 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 criminal
force by 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 that water so situated that such contact must affect Z’s sense of
feeling; A has therefore intentionally used force to Z; and 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.
351. Assault:
- Whoever makes any gesture, or any preparation intending or knowing it to be
likely that such gesture or preparation will cause any person present to apprehend
that he who makes that gesture or preparation is about to use criminal force to
that person, is said to commit as assault.
Explanation: - Mere words do not
amount to an assault. But the words which a person uses may give to his
gestures or preparation such a meaning as may make those gestures or
preparations amount to an assault.
Illustrations
(a) A shakes his fist at Z, intending or
knowing it to be likely that he may thereby cause Z to believe that A is about
to strike Z, A has committed an assault.
(b) A begins to unloose the muzzle of a
ferocious dog, intending or knowing it to be likely that he may thereby cause Z
to believe that he is about to cause the dog to attack Z. A has committed an
assault upon Z.
(c) A takes up a stick, saying to Z, “I will
give you a beating” Here, though the words used by A could in no case amount to
an assault, and though the mere gesture, unaccompanied by any other
circumstances, might not amount to an assault, the gesture explained by the
words may amount to an assault.
352. Punishment for
assault or criminal force otherwise than on grave provocation: -
Whoever assaults or uses criminal force to any person otherwise than on grave
and sudden provocation given by that person, shall be punished with imprisonment
of either description for a term which may extend to three months, or with fine
which may extend to five hundred, or with both.
Explanation: - Grave and sudden
provocation will not mitigate the punishment for an offence under this section,
if the provocation is sought or voluntarily provoked by the offender as an
excuse for the offence, or
If the provocation is given by
anything done in obedience to the law, or by a public servant, in the lawful
exercise of the powers of such public servant, or
If the provocation is given by
anything done in the lawful exercise of the right of private defence.
Whether
the provocation was grave and sudden enough to mitigate the offence, is a
question of fact.
353. Assault or
criminal force to deter public servant from discharge of his duty:- Whoever
assaults or uses criminal force to any person being a public servant in the
execution of his duty as such public servant, or with intent to prevent or
deter that person from discharging his duty as such public servant, or in
consequence of anything done or attempted to be done by such person in the
lawful discharge of his duty as such public servant, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
354. Assault or
criminal force to woman with intent to outrage her modesty:- Whoever
assaults or uses criminal force to any woman, intending to outrage or knowing
it to be likely that he will thereby outrage her modesty, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
355. Assault or
criminal force with intent to dishonour person, otherwise than on grave
provocation: - Whoever assaults or uses criminal force to any
person, intending thereby to dishonour that person, otherwise than on grave and
sudden provocation given by that person, shall be punished with imprisonment
for a term which may extend to two years, or with fine, or with both.
356. Assault or
criminal force in attempt to commit theft of property carried by a person: - Whoever
assault or uses criminal force to any person, in attempting to commit theft on
any property which that person is then wearing or carrying, shall be punished
with imprisonment of either description for a term which may extend to two
years, with fine, or with both.
357. Assault or
criminal force in attempt wrongfully to confine a person: - Whoever
assaults or uses criminal force to any person, in attempting wrongfully to
confine that person, shall be punished with imprisonment of either description
for a term which may extend to one year, or with fine which may extend to one
thousand rupees, or with both.
358. Assault or
criminal force on grave provocation: - Whoever assaults or uses
criminal force to any person on grave and sudden provocation given by that
person, shall be punished with simple imprisonment for a term which may extend
to one month, or with fine which may extend to two hundred rupees, or with
both.
Explanation: - The last section is subject to the same
Explanation as section 352.
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