Criminal force

presentaion on criminal force

1. CRIMINAL FORCE SUBMITTED BY: SHIVI ANEJA 13BBL043 BBA.LLB -IV

2. When does force becomes Criminal Force? Force becomes criminal only when -- it is used without consent and in order of committing offence. when it is used to cause injury, fear or annoyance to another to whom the force is used.

3. SECTION 350 OF IPC 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

4. ESSENTIAL INGRIDIENTS Intentional use of force to any person. Such Force must have been used without the person’s consent The Force must have been used:- (a) In order to committing of an offence. (b) Intending to cause or knowing that is likely to cause Injury, fear or the annoyance to the person to whom the Force is used.

5. ILLUSTRATIONS  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. 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.

6. Bihari Lal v. Emperor In this case a person broke the house in the absence of the occupant, then it is clear that the accused had taken the possession of the house without any force or criminal force. But If, a person struck a pot which another person was carrying and which was in contact with his body, it constitutes the offence of criminal force. Thus the physical presence of a person makes a crucial difference, between an act amounting to criminal force or not.

7. MOHAMED ABDUL KADER V PUBLIC PROSECUTOR Fact: The accused had been convicted of using criminal force to a public servant to prevent him from discharging his duty. The evidence was that the appellant who had a chopper in his hand had said “If you go in I will hammer you” . Held: as no force was in fact used the appellant could not be convicted of using criminal force

8. Section 352-Punishment This section provides punishment for assault and criminal force, otherwise than on grave and sudden provocation with imprisonment of either description for three months, or with fine which may extend to five hundred rupees, or with both. INGRIDIENTS : It must be proved that The accused made a gesture or preparation to use criminal force; The accused knew that it was likely that such gesture or preparation to use criminal force would cause apprehension that such assault or use of force would be done ; and That no grave or sudden provocation was received from the complainant.

9. Other related Sections 353 . Assault or criminal force to deter public servant from discharge of his duty . 354 . Assault or criminal force to woman with intent to outrage her modesty . 355 . Assault or criminal force with intent to dishonour person, otherwise than on grave provocation . 356 . Assault or criminal force in attempt to commit theft of property carried by a person . 357 . Assault or criminal force in attempt wrongfully to confine a person. 358 . Assault or criminal force on grave provocation.

10. Difference between Criminal force and assault. Assault  is the gesture and preparation to apprehend the victim that the offender will use criminal force . But criminal  force is intentional use of force to the victim without his consent. Criminal force includes assault . But assault may not include criminal force.

11.  An assault is something less than the use of criminal force, the force being cut short before the blow actually falls . But criminal force is something more than the assault , the force is actually used criminally crossing the limit of gesture and preparation..  Assault consists of an attempt to offer by a person having present ability with force to do any hurt or violence to the person of another ; it is committed whenever a well founded apprehension of immediate peril from force already partially or fully put in motion is created . But in criminal force the motion , change of motion or cessation of motion of the victim is actually caused by use  of force.

12. THANK YOU