POWERPOINT PRESENTATION IN
CRCL602; CRIMINAL LAW II
INDIAN PENAL CODE, 1860
SPECIFIC PROVISIONS
CRIMINAL FORCE & ASSAULT
(S.349 TO 353)
PRESENTED TO: DR. SACHIN RASTOGI
PRESENTED BY
GROUP 7
LIST OF THE STUDENTS
1. RASANDEEP KAUR - A03104520038
2. PRASHANT KUSHWAHA - A03104520036
3. HARSHIT GUPTA - A03104520037
4. MOHD. HAIDER BAKSHI - A03104520035
5. AISHWARYA SUDHIR - A03104520039
SECTION 349 - FORCE
by,
RASANDEEP KAUR
A03104520038
SECTION 349 - FORCE
A person is said to use force to another if he
I. causes motion
II. Change of motion, or
III. Cessation of motion
to that other,
or if he causes to any substance
I. Such motion, or
II. Change of motion, or
III. Cessation of motion
as brings that substance into contact with any part of that other’s body, or
With anything which that other is wearing or carrying, or
With anything so situated that such contact affects that other’s sense of feeling
What exactly means using force?
Whenever there is cause of motion, change of motion or cessation of
motion ; not necessarily by hands i.e. It can be by any means , Example –
a person is on a moored boat in a river and Z unfastens the moorings,
and thus intentionally causes the boat to drift down the river.
Therefore Motion can be caused by any means and not necessarily by
using bodily force.
Examples – throwing a pen at someone (force by substance)
- pen hits the body part of that person
- or doesn't hit the body part but hits something that the
other person is wearing i.e. His clothes
-or hits something that the other person is carrying i.e a bad,
phone, etc.
All shall be considered Force.
Provided that the person causing the motion or change of motion, or
cessation of motion in one of the three ways hereinafter described.
I. First. - By his own bodily power.
II. Secondly - By disposing any substance in such a manner that the motion
or change or cessation of motion takes place without any furtherance act
on his part, or on the part of any other person.
III. Thirdly - By inducing any animal to move , to change its motion, or to
cease to move.
The term ‘force’ means an excretion of energy producing a change
in the outer world .
The section defines force in relation to human being and not
against an inanimate object.
Example – it maybe exercised directly or indirectly i.e. If A raises
a stick to strike B and the latter moves away, A is said to have
used force within the meaning of this section.
Chandrika Sao & Another v. State of Bihar(Supreme Court
Of India)Criminal Appeal No. 35 & 36 Of 1961 | 27-09-1962
Issue : whether snatching of books of accounts from an Assistant Superintendent
of Commercial Taxes while he is inspecting the books of account would come
under the purview of section 349 IPC r/w 353IPC.
Facts In Brief : The Assistant Superintendent of Commercial Taxes while on his
duty paid a surprise visit to the shop of Hazari Lall and Co. And while he was
inspecting the books the owner of the shop snatched those books from him and did
not let him disperse his duties.
Simultaneously an FIR was logged against the shop keeper for using ‘force’ u/s
349 IPC r/w sec 350 , r/w 353.
Court held : It is common ground that the Commissioner is authorised by law to
delegate his power to his subordinated and it is not disputed that such power has
been delegated to the Assistant Superintendent of Commercial Taxes. And
therefore it was established that the force was caused to disrupt the duty of an on
duty officer and to cause annoyance even if the intention was not to cause any
hurt, because the ingredients of section 349 which relates to motion are fulfilled in
this case.
SECTION 350
PRESENTER
PRASHANT KUSHWAHA
A03104520036
CRIMINAL FORCE
Section 350 of The Indian Penal Code, 1860 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.”
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:-
1. In order to committing of an offence.
2. Intending to cause or knowing that is likely to cause Injury, fear or the annoyance to the
person to whom the Force is used.
WHEN 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.
JADUNANDAN SINGH V. EMPEROR
(AIR 1941 PAT 129)
Forcibly taking the thumb impression of a person on a
blank piece of paper amounts to an offence of use of
criminal force or assault and is punishable under section
352 of IPC, 1860.
INDIAN
PENAL
CODE; 1860
PRESENTATION ON
SECTION 351 ASSAULT
ASSAULT
PRESENTED TO: PRESENTED BY:
Dr. Sachin Rastogi Harshit Gupta
LL.M (Criminal Law)
semester 1st
INTRODUCTION
Assault is an integral part of any criminal activity.
Assault is the basis for an act to be considered as
criminal.
Many times it happens that assault is misinterpreted
or misunderstood leading to confusion. Thereafter it
becomes difficult to comprehend exactly what act
committed was. so its important to clearly know its
meaning to avoid confusion.
The act of assualt tells us the legality of the act and
also the mind set of the person who is harming and
having wrong intentions.
Defination
Whoever makes any gesture or preparation
intending, or knowing it to be likely, that such
gesture or preparation will cause any person present
to apprehend that the former will use criminal force
to the latter, is said to commit an ‘assault’.
Mere words do not amount to an assault.
But the words which a person uses may give to his
gestures or preparation such a meaning as may
make those gestures or preparation amount to an
assault.
Defination of Assault in Law of Torts
Assault is an act where a wrong consist in an
attempt to harm the other person.
When the intention exist and that intention is
recognised , sensed by a person who is going to
be harmed.
There are 3 elements which are essential to
prove an act of assault-
1st. INTENTION.
2nd. REAL APPREHENSION.
3rd. HARM
EXPLANATION & ILLUSTRATION
Thus, an assault is a threat of using criminal force to
another, accompanied by a real or apparent capacity to
carry out the threat at once.
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.
CASE LAW
Stephens vs. Myres (1830) 4 Cand P:
172 E.R. 735
Both the plaintiff and defendant sit at the same
table. They were in a meting and a discussion was
going wrong on which took an ugly turn, The
defendant held the chairman’s hand and clenched
his fist saying that he would pull the chairman and
throw him out of the room.
He was liable to assault.
SECTION 352
PRESENTER
MOHD. HAIDER BAKSHI
A03104520035
PUNISHMENT FOR ASSAULT OR CRIMINAL FORCE
OTHERWISE THAN ON GRAVE PROVOCATION
Section 352 of The Indian Penal Code, 1860 states,
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
1) The accused made a gesture or preparation to use criminal force;
2) 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
3) That no grave or sudden provocation was received from the complainant.
BIHARI LAL V. EMPORER
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.
MOHD. ABDUL KADER V. PUBLIC
PROSECUTOR
FACTS:
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.
Section 353 of Indian Penal code
AISHWARYA SUDHIR
LLM(criminal)
A03104520039
Assault of criminal force to deter public servant from
discharge of his duty
Essential elements
1. There must be assault or use of criminal force
2. Such assault or use of criminal force must have been
made on a public servant
3. while he was acting in the execution of his duty
4. with intent to prevent or deter him from discharging his
duty
5. in consequence of anything done or attempted to be done
by him in the discharge of duty.
Classification: section is non bailable, cognizable and
non-compoundable.
Triable by : any magistrate
PUNISHMENT : imprisonment may extend to 2
years or fine or both.
Amendment was done in year 2018 by Maharashtra
government and punishment increased to 5 years of
imprisonment from 2 years of imprisonment.
Akhilesh Kumar & Ors. vs The State Of Bihar, 2017
(Criminal Appeal (SJ) No.17 of 2015)
Facts of the cas
• Anand Mohan Srivastava posted as Anchal Amin at
Anchal Office, Tekari, accompanied the C.O., armed
police personnel, police official of Tekari P.S. to remove
encroachment in pursuance of order having been passed by
the SDM, Tekari in Encroachment Case No.7/99-2000.
• None of the encroachers were ready to pay heed, on the
other hand they began to abuse as well as threatened that
C.O. as well as police personnel will also be murdered.
• Anyhow, Amin proceeded in terms of order given by the
C.O. whereupon, appellant snatched away chain from his
hand and threw it.
Decision
Appellants were found guilty of an offence punishable
under Section 353 of the IPC and each one has been
sentenced to undergo R.I. for two years by Additional
Sessions Judge, Gaya dated 17.12.2014.
• Further it was appealed in year 2015 before Patna high
court
After giving anxious consideration over the evidence
available on the record, Appeal was allowed, and appellant
were discharged from their labilities by Patna high court.
THANKING YOU !
