Criminal Force & Assault under Bharatiya Nyaya Sanhita (BNS), 2023

Understanding the nuances of force, criminal force, and assault is not merely academic; these concepts underpin the State’s responsibility to protect personal autonomy, bodily integrity, and public peace. Whether in road-rage incidents, domestic disputes, neighbourhood clashes, or public protests, the law’s response depends on the precise interpretation of these terms.

Meaning of Force (Section 128)

A person is said to use force on another when:

1. He causes motion,
2. He changes the motion, or
3. He causes the cessation of motion

of that other person; or

when he causes any substance to move, change its movement, or stop in such a way that the substance comes into contact with—

• any part of that person’s body,
• anything that person is wearing or carrying, or
• anything placed so close to that person that such contact affects their sense of feeling.

However, such motion, change of motion, or cessation of motion must be brought about in one of the following three ways:

(a) By his own bodily power

Examples include pushing someone, blocking movement with one’s body, or slapping.

(b) By disposing or arranging any substance so that its movement occurs without any further act

This includes creating a situation where a substance moves on its own—such as untying a boat so it drifts, releasing a heavy object so it rolls towards someone, or placing water in a way that it spills onto someone.

(c) By inducing an animal to move, change its movement, or stop

Examples include provoking a dog to jump on someone, whipping a horse to alter its speed, or directing an animal to block a person’s movement.

Criminal Force (Section 129)

Under Section 129 of the Bharatiya Nyaya Sanhita (BNS), a person is said to use criminal force if:

He intentionally uses force on another person,

Without that person’s consent, and

Does so for a wrongful purpose, such as—

committing an offence, or

• causing injury,
• causing fear, or
• causing annoyance,
• —or acts knowing that such consequences are likely.

Thus, criminal force is not merely force; it is force used with a guilty intention or knowledge of likely harmful consequences.

Essentials of Criminal Force

To constitute criminal force, the following elements must be satisfied:

1. There must be use of “force” (as defined under Section 128 BNS)
2. The force must be intentional
3. The force must be used “without consent”
4. The force must be used for a wrongful purpose

Illustration: 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 ifA 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.

Assault (Section 130)

Meaning of Assault

A person is said to commit assault when:

He makes any gesture,

or

He makes any preparation,

with the intention, or with the knowledge, that such gesture or preparation is likely to cause a person who is present to apprehend that criminal force is about to be used against him.

In simple terms, assault is a threat or attempt to apply criminal force, causing reasonable fear in the mind of the victim—even if no physical contact actually occurs.

Essentials of Assault

To constitute an offence of assault:

1. There must be a gesture or preparation
2. The act must create apprehension
3. The victim must be present
4. Intention or knowledge is necessary
5. No physical contact is required

Illustration: A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.

Punishment for Assault or Criminal Force Otherwise than on Grave Provocation (Section 131)

Whoever assaults or uses criminal force on any person without grave and sudden provocation from that person is punishable with:

• Imprisonment up to three months, or
• Fine up to ₹1,000, or
• Both

According to Explanation 1

Grave and sudden provocation will not reduce punishment if:

• The accused deliberately provoked the situation to create an excuse.
• The provocation came from an act done in obedience to law or by a public servant acting lawfully;
• The provocation arose from an act done in the lawful exercise of private defence.

According to Explanation 2 

• Whether the provocation was grave and sudden enough to reduce the offence is a question of fact, to be decided based on the circumstances of each case.

Assault or Criminal Force to Deter Public Servant (Section 132)

Whoever assaults or uses criminal force against a public servant:

• while the public servant is lawfully performing his duty, or
• with the intention of preventing or deterring him from carrying out his duty, or
• as a consequence of anything done or attempted by the public servant in the lawful exercise of his duty,

shall be punished with imprisonment up to two years, or fine, or both.

Assault or Criminal Force with Intent to Dishonour Person, Otherwise than on Grave Provocation (Section 133)

Whoever intentionally assaults or uses criminal force on another person to dishonour or humiliate that person, and without grave and sudden provocation from the victim, commits this offence. The law treats such acts seriously because they attack a person’s dignity rather than merely causing fear or annoyance.

Acts like pulling someone’s veil or turban, slapping to insult, or throwing dirt on someone to degrade them fall under this provision. The punishment may extend to two years’ imprisonment, or fine, or both.

Assault or Criminal Force in Attempt to Commit Theft of Property Carried by a Person (Section 134)

If someone tries to steal anything that a person is wearing or carrying—like a bag, purse, phone, chain, or wallet—and uses force or threatens force during that attempt, they commit this offence. It basically covers situations like snatching or trying to snatch things from a person. The punishment can be up to two years in jail, or a fine, or both.

Assault or Criminal Force in Attempt to Wrongfully Confine a Person (Section 135)

If a person assaults someone or uses criminal force on them while trying to wrongfully confine or block their freedom of movement, they commit this offence. It covers situations where force is used to trap, lock in, block, or prevent someone from moving freely. The punishment can be up to one year in jail, or a fine up to ₹5,000, or both.

Assault or Criminal Force on Grave Provocation (Section 136)

If someone assaults a person or uses criminal force on them because that person gave grave and sudden provocation, the punishment is lighter. In such cases, the offender can be given simple imprisonment up to one month, or a fine up to ₹1,000, or both.

Important Link

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