IPC Section 349: Force - Meaning and BNS Section 128
Section 349 of the Indian Penal Code, 1860 (IPC), defines when a person uses force against another. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 128, effective from 1 July 2024. Both provisions explain physical motion and contact, including contact through objects or animals.
What is force under Section 349 IPC?
A person uses force to another when that person causes the other to move, change movement or stop moving; or causes a substance to move, change movement or stop in a way that brings it into contact with the other's body, clothing, carried objects, or anything positioned so that the contact affects the other's sense of feeling.
The definition applies only where the movement or change is brought about through one of the three specified means:
- Own bodily power: directly causing the motion by physical action.
- Arrangement of a substance: positioning or releasing a substance so that the resulting motion occurs without any further action by anyone.
- Inducing an animal: causing an animal to move, change its movement or stop.
Current law: Section 128 of the Bharatiya Nyaya Sanhita
Section 128 BNS carries forward the definition of force in Section 349 IPC, including the same three methods. The BNS took effect on 1 July 2024. For conduct predating the transition, the relevant law and saving provisions must be considered according to the facts.
| Subject | Earlier IPC provision | Current BNS provision |
|---|---|---|
| Definition of force | Section 349 | Section 128 |
| Definition of criminal force | Section 350 | Section 129 |
| Definition of assault | Section 351 | Section 130 |
Practical examples of force
- Pushing a person or stopping the person's movement by bodily power.
- Releasing an object that moves and makes contact with a person or the person's clothing.
- Directing an animal so that it moves a person or brings something into contact with that person.
These examples illustrate the statutory meaning of force. Whether they constitute criminal force or another offence depends on consent, intention, knowledge and the surrounding circumstances.
Difference between force and criminal force
Force under Section 128 BNS concerns the way motion or contact is caused. Criminal force under Section 129 BNS requires intentional use of force without consent for the commission of an offence, or with the intention or knowledge that it is likely to cause injury, fear or annoyance. Accordingly, not every instance of force amounts to criminal force.
Is there a punishment under Section 349 IPC or Section 128 BNS?
No separate punishment is specified in either definition. Punishment and procedural classification are determined by the substantive offence, if one is established. It would therefore be inaccurate to assign a general imprisonment term, cognizable status or bailability to Section 128 alone.
Frequently asked questions
Which BNS section corresponds to IPC Section 349?
Section 128 of the Bharatiya Nyaya Sanhita, 2023.
Does force always require touching the body directly?
No. The definition also covers contact through clothing, carried articles or substances positioned so that contact affects the person's sense of feeling.
Can using an animal amount to force?
Yes. Inducing an animal to move, change motion or stop is expressly included in the statutory definition.
Is every use of force a criminal offence?
No. Additional legal ingredients must be established under the provision creating the relevant offence.
Official legal sources
Read the Bharatiya Nyaya Sanhita, 2023 (official India Code PDF), particularly Sections 128 to 131, and the India Code Act record for commencement and statutory materials.
This article is general legal information, not advice for a particular case. The applicable statutory provision and procedural law depend on the date and facts of the alleged conduct.