IPC Section 349 Froce & 350 Criminal Force : Story Of Law

IPC Section 349 Froce & 350 Criminal Force

Section 349 in The Indian Penal Code

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 is 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.

Read More : || Section 377 in The Indian Penal Code - Unnatural Offences ||

Section 350 in The Indian Penal Code

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 :

1. 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 it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.
2. Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their 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.
3. 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.

Ingredients -

• Intentional use of force to any person;
• such force should have been used without the consent of  the victim;
  (iii) The force must have been used to commit an offence or with the intention to cause injury, fear or annoyance to the person to whom it is used.

Where A spits over B, A would be liable for using criminal Force against B because spitting must have caused annoyance to B. Similarly if A removes the veil of a lady, he would be guilty under this section.