FORCE AND CRIMINAL FORCE UNDER THE INDIAN PENAL CODE, 1860
These are the two offences under the code and defined in a way which distinguishes them from each other. These are having general meaning but code defines them in a slightly different manner.
CONCEPT OF FORCE
In a situation wherein any person creates any kind of motion, changes the motion or stops or develops any movement or any motion produced against any other person or makes any motion in the substance which may contact or reach near to the body of any other person or tries to come in contact of another person to affect the sense of feeling of such person. This is the meaning of the definition provided under Section 349 of the code.
Example- A is a person who is about to take a bath, at the same time, B is a person who puts very much hot water in the bathtub of A which he was about to use for his bath. Here, B is constructing a motion in the situation and changing the substance such as water in order to affect the sense of feeling harm the other person such as A.
For an instance, X is a person who was sitting near a river and Y had thrown a stone in a river as a result of which, water from the river splashed over X. In this case, the force was used.
There are 3 forms of force provided under the code, that are as follows-
- Though body strength- any person may use force through his body strength or any person may use his force under this section through his body strength against the other person so as to make such person be affected by his strength.
- Through the disposition of any object.
- Through the alteration in the movement of any animal.
Therefore, the most significant part of this concept is that person against whom the force has been used must be affected or his sense of feelings has been affected or disturbed due to the act performed by any person whether by altering motion or any ways mentioned in the code.
In the case of Arjun Sharma vs Suresh Kumar, 1997, it was laid down by the court that Section 349 of the code does not define the force in regards with moral or physical, therefore there may be physical force or moral force against any person.
CONCEPT OF CRIMINAL FORCE
Criminal force is an offence in which any person having sufficient knowledge about his act which leads the force used by him for the purpose of committing an offence against any other person and in which there is an absence of permission provided by such other person regarding such activities including the force, also the consequence of such force must include fear, injury or annoyance. This is the definition provided under Section 350 of the Indian Penal code,1860 for the offence of criminal force. In English law, this criminal force is called a battery.
For example- A is a person walking in the street and B is a person walking behind A in the same path with his cattle such as buffaloes, knowingly made such buffaloes towards A so as to cause fear and injury to A without his consent and consisting sufficient knowledge about the consequences of it. This is the criminal force as per the meaning provided under the code.
There are following essentials or main ingredients of criminal force such as-
- There must be intention present in the person who is using force and must have knowledge that he is using force against the other person.
- There must be the absence of permission or consent of the other person against whom the force is to be used.
- There must be awareness or having the knowledge consisted by the person who uses force against the other person in the aspect of consequences or outcome from such force and he must know that due to his force there must be fear, injury or annoyance to be caused to the other person.
DIFFERENCE BETWEEN THE FORCE AND CRIMINAL FORCE
The common part of both concepts is force. In other words, the force is used in both the offence against the other person and secondly, the person who is using such force having the knowledge about the consequences of doing so or intentionally does so.
However, there are some differences between these two concepts which are as follows-
- The force is defined under Section 349 and criminal force is defined under Section 350 of the code. The force consists of the definition which refers that any person develops or alters any motion which disturbs the sense of feelings of the other person whereas the criminal force refers to the force used by the person intentionally in order to commit an offence against the other person.
- In the force, there is no necessary that without consent the force is used but whereas in criminal force, there must be no consent of the other person against whom the force is to be used.
- In the force, the purpose of putting motion is to disturb the sense of feeling but whereas in the criminal force, the purpose of putting force against the other person is to commit an offence.
- In the force, the consequence of the changing or developing any motion against the other person is to disturb the sense of feeling but whereas in the criminal force, the consequence of using force is to cause fear, injury or annoyance to the other person.
The offence of force and criminal force are the two different types of the crime defined under the code. These two are the concepts in which offences are not so harsh or serious type but having the feature due to which people may be annoyed, frighten or injure. The force has been defined under Section 349 and the criminal force has been defined under Section 350 of the code along with its ways of doing and some examples attached to it.