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Assault – Criminal force – (Short notes)

June 18, 2021

Section 351 of Indian Penal Code,1860 defines — Whoever makes any gesture or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Mere words do not amount to an assault. But the words which a person uses may gives to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault.

An attempt or offer, with force and violence, to do a corporal hurt to another, as by striking at him with or without a weapon. No words, how provoking soever they be, will amount to an assault. Assault does not always does not always necessarily imply a hitting or blow; because, in trespass for assault and battery, a person may be found guilty of the assault, but not guilty of the battery. But battery always includes an assault.

Force:- A person is said to use force to another if he causes motion, change of motion or cessation of motion to that other or if he causes to any substance such motion or change of motion or 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: Provided that the person causing the motion or change of motion or cessation of motion, causes that motion, change of motion or cessation of motion in one of the three ways hereinafter described: 

First.—By his own bodily power. 

Secondly.—By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part or on the part of any other person. 

Thirdly.—By inducing any animal to move, to change its motion or to cease to move. See. Sec. 349 of Indian Penal Code, 1860

Criminal Force:-

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, See. Section 350, Penal Code, 1860

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