IPC Section 350: Criminal Force - Meaning, Illustrations and BNS Section 129
Section 350 of the Indian Penal Code, 1860 defines criminal force. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 129, which has applied since 1 July 2024.
What is criminal force under Section 350 IPC?
Under Section 350 IPC, a person uses criminal force when that person intentionally uses force against another person without consent, either to commit an offence or with the intention of causing, or knowledge of the likelihood of causing, injury, fear or annoyance to that person.
Current law: Section 129 BNS carries forward this definition. Section 128 BNS (formerly Section 349 IPC) separately explains what constitutes the use of force, including causing motion, changing motion or stopping motion by bodily power, by arranging a substance, or by inducing an animal to move.
Essential ingredients of criminal force
- Use of force: There must be force within the statutory meaning, which can include indirect physical effects.
- Intention: The use of force must be intentional.
- Absence of consent: The affected person must not have consented to that use of force.
- Prohibited purpose or mental element: The force must be used to commit an offence, or with the intention or knowledge that injury, fear or annoyance is likely.
Physical injury is not invariably necessary. The statutory references to fear and annoyance mean that a case may satisfy the definition without visible bodily harm, depending on the evidence.
Eight statutory illustrations of criminal force
The following eight illustrations from the original IPC webpage are retained. They also appear under Section 129 BNS. The examples show that force can be applied directly or indirectly.
- Illustration (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 action 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.
- Illustration (b). Z is riding in a chariot. A lashes Z's horses, and thereby causes them to quicken their pace. Here A 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.
- Illustration (c). Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has 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.
- Illustration (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.
- Illustration (e). A throws a stone, intending or knowing it to be likely that the stone will be thus brought into 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 used criminal force to Z.
- Illustration (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.
- Illustration (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 other water so situated that such contact must affect Z's sense of feeling; A has therefore intentionally used force to Z; and if 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.
- Illustration (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.
IPC Section 350 and BNS Section 129 compared
| Aspect | Indian Penal Code | Bharatiya Nyaya Sanhita |
|---|---|---|
| Definition of force | Section 349 | Section 128 |
| Definition of criminal force | Section 350 | Section 129 |
| Definition of assault | Section 351 | Section 130 |
| General punishment for assault or criminal force otherwise than on grave provocation | Section 352 | Section 131 |
| Relevant period | Earlier offences, subject to repeal and savings | In force from 1 July 2024 |
Does Section 350 IPC or Section 129 BNS prescribe punishment?
No. These provisions define criminal force. For the general offence of assault or criminal force otherwise than on grave provocation, Section 131 BNS provides imprisonment of either description for up to three months, or a fine up to one thousand rupees, or both. Different circumstances can attract other specific provisions and penalties.
Examples include assault or criminal force against a public servant to deter discharge of duty (Section 132 BNS), with intent to dishonour a person (Section 133), or in an attempt to commit theft of property carried by a person (Section 134). The appropriate charge depends on the proven facts.
Difference between force, criminal force and assault
Force under Section 128 BNS describes certain physical effects on another person. Criminal force under Section 129 adds lack of consent and the specified intention or knowledge. Assault under Section 130 generally concerns a gesture or preparation causing apprehension of imminent criminal force; actual application of force is not always necessary for assault.
Official legislation and reference links
Read the authoritative statutory text and check any later amendments or applicable savings provisions:
Frequently asked questions
What is criminal force under IPC Section 350?
It is intentional use of force against a person without consent, to commit an offence or with intent or knowledge that injury, fear or annoyance is likely.
Which BNS section corresponds to IPC Section 350?
Section 129 of the Bharatiya Nyaya Sanhita, 2023 defines criminal force from 1 July 2024.
Does BNS Section 129 prescribe punishment?
No. Section 129 defines criminal force. Punishment depends on the applicable offence, including Section 131 BNS for assault or criminal force otherwise than on grave provocation.
Is physical injury necessary to establish criminal force?
No. Depending on the facts, intended or likely fear or annoyance can suffice; the statutory elements must still be proved.