Criminal Force and Assault & Sec. 351: Assault | Legal Reasoning for CLAT PDF Download

Criminal Force and Assault

Section 350: Using Criminal Force

According to Section 350:
A person uses 'criminal force' to another if —
i. He intentionally uses force to any person,
ii. Without that person's consent,
iii. In order to the committing of any offence, or
iv. 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.

Illustrations:

• Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream.
• Z is riding in a chariot. A lashes Z's horses and thereby causes them to quicken their pace.
• Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin.
• A intentionally pushes against Z in the street.
• A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z's clothes, or with something carried by Z, or that it will strike water and dash up the water against Z's clothes or something carried by Z.
• A intentionally pulls up a woman's veil.
• Z is bathing. A pours boiling water into the bath.
• A incites a dog to spring upon Z without Z's consent.

Note:
The term 'battery' of English law is included in 'criminal force.' The criminal force may be very slight as not amounting to an offence (Section 95). Its definition is very wide so as to include force of almost every description of which a person may become an ultimate object.

Examples:

• Where A spits over B, A would be liable for using criminal force against B because spitting must have caused annoyance to B.
• Similarly, where a house-owner tortured one of his tenants to compel him to pay his rent and realized his dues.

Section 351: Assault

According to Section 351:
"A person commits an 'assault', if he —
i. Makes any gesture or any preparation,
ii. Intending or knowing it to be likely,
iii. That such gesture or preparation will cause any person present to apprehend,
iv. That he is about to use criminal force on that person."

Explanation:
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.

Illustrations:
a. 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.
b. A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault.
c. A takes up a stick, saying to Z, "I will give you a beating." Here, though the words used by A in no case amount to an assault, and though the mere gesture unaccompanied by any other circumstances might not amount to an assault, the gesture explained by the words may amount to an assault.