This article is written by Yash Soni, a Second Semester student pursuing LL.B. from Shaheed Bhagat Singh Law College affiliated to CSJM University. This article deals with the meaning, explanation between Criminal force and assault.
In a nation like India. We can generally find in the reports ranging from wrongdoing to Physical violence such violations are normal in our nation and happen pretty much every day, individuals were confronting many issues, the legislature needed to step in thus they made certain laws that guaranteed severe discipline to each individual who carried out such wrongdoing and in this manner, it reduced to the number of such wrongdoings in our nation.
Prior to Discuss Criminal Force, We have to comprehend what Force is? Force has been defined under section 349 of Indian legal code
“A person is claimed to use force to a different if he causes motion, change of motion, or cessation of motion thereto 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 a part of other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact effects that other’s sense of feeling: as long as 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 among the 3 ways hereinafter described.
- By his bodily power.
- By removal of any substance in such a way that the motion or change or cessation of motion takes place with no further action on his part or the part of any other person.
- By inducing any animal to proceed, to vary its motion, or to cease to proceed.”
The section contemplates as defined in clause (1) of the section that both the person. One using the force and the other to whom force is directed must be present to make the offence complete.
This Section contemplates as defined in clause (1) of the section that both the persons, one using force and other to whom force is directed, must be present to make the offence complete. This Section defines, ‘force’ which is not an offence by itself. The term, ‘force’ denotes exertion of energy or strength producing a movement or change. A motion or change of motion or cessation of motion caused to an inanimate object such as property, without affecting human being is not the use of force to another’ within the meaning to this section.
In the case of Chandrika Sao v. State of Bihar A.I.R 1967, Assistant Superintendent of Commercial Taxes paid a surprise visit to the shop of the accused for inspecting the records, and books of accounts. He found two sets of account books being maintained in the shop. When he started turning the pages and looking into them, the accused suddenly snatched away both books from him. The accused was charged under Section 353 of IPC. It was contended on behalf of the accused that mere snatching of the book did not amount to ‘use of force’ as contemplated by Section 349. Rejecting the plea of the Supreme Court held that snatching away books from the Tax Superintendent amount to use to force as it caused jerk to his hand and its sensation could be felt by the hands and therefore, the accused was held guilty of the offence.
Criminal Force is when a person intentionally uses force to any person, without that person’s consent to the committing of any offence, or intention by the use of such force to cause injury, fear or annoyance to the person to whom the force is said to use criminal force to that order.
The force is defined in the preceding section becomes a criminal force when:
- It is used in the order to commit an offence and is used without the consent
- When it is intentionally used to cause injury, fear, or annoyance to some other person.
- Intentional use of force to any person.
- Such force should have been used without the consent of the victim.
- The force must have used to commit an offence or without the intention to cause injury, fear, or annoyance to the person to whom it is used.
Mr A is a house owner tortured one of his tenants to compel him to pay his rent and realised his dues. Here A will be liable for using criminal force under section 350 of IPC and in case some hurt is also caused he may also be liable for causing simple or grievous hurt as the case is.
Causing some hurt is not necessary for constituting assault. The mere threat may constitute assault. The essence. The essence of the offence lies in the effect which creates a threat in the mind of the victim. In the view of the explanation mere words do not constitute assault. But the use of words if accompanied by such gesture that may cause another to apprehend that criminal force is about to be used against him amounts to assault. Thus there must be some threatening physical act done by the accused by which he caused another to apprehend that criminal force is about to be used against him. The person threatening must be in a position to hold his threat into effect.
- Making of any gesture or preparation by a person in the presence of another.
- Intention or knowledge of the likelihood that such gesture or preparation will cause the person making it is about to use criminal force to him.
In the case of N.Arumagam v.A.V.M. Vilachanny 1994, the accused pointed a loaded revolver at the complainant threatening to shoot him but before he could shoot, the complainant managed to escape. Held, it would not be an offence of attempt to commit murder, but it would be an offence of assault under section 351 of IPC.
Assault or Criminal Force to deter Public Servant
Section 353 of the Indian legal code covers the cases of an employee who is assaulted while performing his official duty imposed by the law. The duty which is alleged to be done, through during straightness but under the colour of the offence won’t be covered. An assault on an employee who isn’t discharging a requirement imposed by law when he’s assaulted falls under the preview of section 352. If the hurt is caused under the circumstances mentioned during this section 332 or section 333 will apply.
In the case of Durgacharan Nayak v. the State of Orissa, The Supreme Court brought out the excellence between Section 186 and 353 it had been held that the 2 sections are different from one another and offences under Sec 186 and Sec 353 are two distinct offences. The offences under Section 353 may be a cognizable offence whereas the offences under Section 186 may be a non-cognizable offence. Section 186 applies where the accused voluntarily obstructs an employee within the discharge of his public function is performing his duties.
Assault or Criminal Force to a woman with intent to outrage her modesty
Modesty in Section 354 IPC is an attribute related to female person beings as a category. it’s a virtue which attaches to a female due to her sex. The act of pulling a lady, removing her saree, including an invitation for sexual activity, is like would be an outrage to the modesty of a lady and knowledge that modesty is probably going to be outrage is sufficient to constitute the offence with none deliberate intention of getting such outrage alone for its object.
1- That the assault be on a lady
2- That the accused must have used criminal force on her
3- That the criminal force must have been used on the women intending thereby to outrage her modesty.
It was held in Ram Kripal S/o Shyam Lal Charmakar v. The State of Madhya Pradesh AIR 2004 SC 1677 that the test to see the weather the modesty of a lady has been outrage is whether or not the action of the offender is like maybe perceived collectively which is capable of a shocking sense of decency of a lady.
Sexual Harassment and Punishment for Sexual Harassment
A man committing any of the subsequent acts:
- Physical contact and advances involving unwelcome and specific sexual overtures.
- A requirement or request for sexual favours.
- Showing porno against the will of a lady.
- Making sexually coloured remarks shall be guilty of the offence of harassment.
- Any man that commits the offence laid get into clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be penalised with rigorous imprisonment for a term which maybe 3 years, or with fine, or with both of those.
- Any man that commits the offence laid get into clause (iv) of sub-section (1) shall be penalised with imprisonment of either description for a term which may be one year or with fine, or with both. This comes under Section 354A of the Indian penal code
Assault or use of Criminal Force to women with intent to Disrobe
Any man who assaults or uses criminal force on another woman abets such act to disrobe or compel her to be naked, shall be punished with the sentence of the term of three years minimum with the sentence also extending to seven years and also shall be susceptible to a fine. This comes under Section 354B of the Indian constitution.
Section 354-C deals with voyeurism which mean to bring happy or deriving pleasure by simply seeing a scene. The section provides that any man who watches or captures the image of a woman engaging in a private act commits an offence. It provides that any man who watches or captures an image od a woman engaging in a private act in such circumstances where a woman usually expects that she is not being observed either by the perpetrator or by any other person at the behest of the perpetrator. Even dissemination of such image is made an offence and as imprisonment of either description for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine.
Section 354-D provides two kinds of acts that are made punishable under this section.
It Provides that –
- Any man who follows a woman and contracts or attempts to contact such a woman is treated as an offence. The above acts must be for the purpose to foster personal interaction repeatedly despite a clear indication of disinterest by such woman, or
- Any man who monitors the use by a woman of the internet, e-mail or any other form of electronic communication is also made an offence.
The above two categories of acts are known as the offence of stalking. Therefore it is also provided in Section 354 D that the conduct shall not amount to the stalking of a man pursued if it is proved that:
- It was pursued to prevent or to detect crime and the man accused of stalking has been entrusted with the responsibility of preventing and detecting of crime by the state, or
- It was pursued under any law or to adjust to any condition or requirement imposed by a person under any law
- In particular circumstances, such conduct was reasonable and justified.
Assault in Attempting Wrongful Confinement
Any person who assaults or uses criminal force on another person to wrongfully confine another person shall be imprisoned for one year or be fined Rs. 1000 or both. This comes under section 375 of the Indian Penal Code.
Assault with Intent to Dishonour a person
Whoever assaults or uses criminal force thereon person, hereby aiming to dishonour that person, otherwise on a grave and sudden provocation given by that person, shall be imprisoned for 2 years or be fined, or both. This comes under Section 355 under the Indian penal code.
Assault in Attempting Theft
Whoever assaults or uses criminal force to a different person to plan to attempt theft on someone that he’s wearing or he owns, shall be punished for a term which can be 2 years, or a fine, or both. This comes under Section 356 of the Indian penal code.
Assault in Attempting Wrongful Confinement
Any person who assaults or uses criminal force on another person to wrongfully confine another person shall be imprisoned for 1 year or be fined Rs. 1000 or both. This comes under Section 357 of the Indian penal code.