BNS Section 128 – Force

IPC Section – 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 following three ways,namely:

(a) by his own bodily power;
(b) 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;
(c) by inducing any animal to move, to change its motion, or to cease to move.

Definition and Application of Force

1. What Constitutes Force?

A person is said to use force on another if they cause:

• Motion: Initiating or altering the movement of that person.
• Change of Motion: Modifying the existing speed or direction of that person’s movement.
• Cessation of Motion: Stopping the movement of that person.

2. Indirect Use of Force

Force can also be applied indirectly through the movement of substances that lead to contact with the person. This includes:

• Any substance that, when moved, comes into contact with:
  1. Any part of the person’s body.
  2. Items the person is wearing or carrying.
  3. Objects positioned in a way that affects the person’s sense of feeling (e.g., pain, pressure).

3. Methods of Causing Force

The law outlines three specific methods through which force can be applied:

a. By Bodily Power

• Using one’s physical strength or actions to exert force directly on another person or object.
• Example: Pushing, pulling, or hitting someone.

b. By Disposing of a Substance

• Arranging or positioning a substance in such a way that it results in motion, change of motion, or cessation of motion, without requiring further action.
• Example: Setting a trap or placing an obstacle in someone’s path.

c. By Inducing an Animal

• Utilizing an animal to move, change its motion, or stop moving, which indirectly results in exerting force on another person.
• Example: Using a trained dog to block someone’s path.

4. Key Takeaways

• Force can be applied directly (through physical actions) or indirectly (through substances or animals).
• The law recognizes various methods of causing force, including bodily power, disposing of substances, and inducing animals.
• The application of force can result in motion, change of motion, or cessation of motion of the affected person.

Summary of Methods of Causing Force