Criminal Force as under Indian Penal Code 1860
The term force means exertion of energy producing a change in the other world. Force can cause motion, change motion or cease motion. However, criminal force is defined in section 350 of Indian penal code which states. 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.
In Chandrika Sao vs. State of Bihar, AIR 1967 SC 170, it was stated that Criminal Force must be with an intention to cause fear/ injury.
To designate force as criminal it must be used:
(1) Intentionally against any person:
There must be intentional use of force by one person against the other.
Illustration:
A intentionally pulls up a women’s veil without her consent. Here ‘A’ has used criminal force to annoy or frighten her.
(2) Without persons consent:
The act done should be without the consent of the person on whom the force is applied.
Illustration:
‘A’ intentionally pushes against Z in a street without Z’s consent. A has an intention to cause injury, therefore, criminal force is used against Z.
(3) To commit an offence:
The applicant must have used force to commit offence.
Illustration:
‘A’ throws stone at ‘B’ with intention to hurt him.
(4) With intention to cause or knowing it to be likely to cause injury, fear or annoyance to person whom it is caused.
Illustration:
A incites dog to spring upon ‘Z’. Here ‘A’ intends to cause injury/ fear.
