BNS 129 — Criminal force.

Bharatiya Nyaya Sanhita, 2023

Statutory text

129. 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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Assault.

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