Section 350 of the Indian Penal Code, 1860 – 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.
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Criminal Force:
(i) Intentionally using force to any person without the latter’s consent in order to the committing of any offence, or (ii) intending to cause, by use of such force, or knowledge that he is likely by such use to cause injury, fear or annoyance to the person to whom force is used (Section 350).
Criminal force thus consists intentional use of force to any person. Such force must be without such other’s consent. The object of such force must be (i) to cause injury, fear or annoyance to such other or (ii) to enable the commission of an offence.
Force here means force against a human being and not against an inanimate object. It has been held that in dispossessing a person from immovable property by means of an offence, the offence must be attended by criminal force to the person.
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Illustrations:
(i) Z is sitting in a moored boat in a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here, A uses force to Z; and if he does so without Z’s consent, intending or knowing it to be likely that he will thereby cause any injury, annoyance or fear to Z, A has used criminal force to Z, (ii) A throws stone in water which splashes against Z’s clothes, or with something Z carries. Here, A uses force to Z which will be criminal force if (a) used without Z’s consent and (b) with the intention to injure, annoy or frighten Z. (iii) Pouring boiling water in a bathing tub while a person is taking bath at the time is intentional use of force which may be criminal force if used without such person’s consent in order to the committing of any offence or to injure, annoy or frighten such person, (iv) A intentionally pulls up a woman’s veil.
Here, A intentionally uses force to her which could be criminal force if he does so without her consent to annoy her. (v) A incites a dog to spring upon Z without Z’s consent. Here, if A intends to cause injury, annoyance or fear to Z he uses criminal force.
(ii) 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.
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(iii) 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.
(iv) 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.