Force, Criminal Force and Assault
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ScribdTranslationsForce, Criminal Force and Assault
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ScribdTranslationsforce, criminal force and assault
FORCE
According to section 349 of the Indian Penal Code
A person is said to use force on another if he causes motion, change in
motion, cessation of motion to that other, Or if he causes to any
substance such motion or change of motion Cessation of motion.As
brings that substance into contact with any part of that other’s body or
with anything that the other is wearing or carrying on with anything so
situated that such contact affects the other sense of feeling provided
that the person causing the motion or change of motion or the
Cessation of motion causes the motion to change in one of the three
ways hereinafter described:-
ESSENTIAL ELEMENTS
● By his own bodily power
● By disposing of any substance in such a manner that the motion
change in motion or cessation of motion takes place without any
further act on his part or on the part of any other person
● Find an animal that can change its motion or seize to move.
move
CRIMINAL FORCE
according to section 350 of the Indian penal code:- “ 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 person
ESSENTIAL ELEMENTS
This section says that the force becomes criminal
● When it is used without consent and in order to the committing of
an offence
● When it is internationally used to cause injury, fear, or annoyance to
other to whom the forces used
Assault
Section 351 in The Indian Penal Code
351.Assault.—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. 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
preparations amount to an assault.
Illustrations
● Ashakes his fist at Z, intending or knowing it to be likely that he
may thereby cause Z to believe thatAis about to strike Z,Ahas
committed an assault.
● Abegins 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.Ahas committed an
assault upon Z.
● Atakes up a stick, saying to Z, 'I will give you a beating.'
though the words used byAcould 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 ex-
explained by the words may amount to an assault.
ESSENTIAL ELEMENTS
Making any gesture or preparation
assault must consist of a display of such gesture, expression, behavior or
preparation of an act which conveys a person about the intention of
aggressor
In the absence of any gesture or physical expression, it's almost impossible.
to ascertain whether an assault was committed or not.
malafide intention
the person committing an assault must have malafide intention to cause
any harm to the victim, intention is the very fundamental yardstick of
criminality.
Without any bad intention, an assault cannot be committed or punished.
cause reasonable apprehension
such gesture advanced by the aggressor must create some reasonable
apprehension in the mind of the sufferer.
an element of fear must be created in the mind of the person to
establish assault.
cause fear that criminal force will follow
such gesture advanced by the aggressor must create some reasonable
apprehension in the mind of the sufferer that criminal force will be the
most probable consequence of such gesture or act in order to create an
offence of assault.
Distinction between assault and battery
In assault, there is an apprehension due to gesture or preparation to
cause criminal force to another
In battery there is an actual use of force.
An assault is just an indication that criminal force might follow.
Inbatteryassault has already been committed
An assault is succeeded by a battery
Abattery preceded by an assault
Assault,SexualHarassment,Disrobing,Voyeurismand
Stalking
Section 354, IPC has been enacted with a view to protect a woman
against indecent assault as well as to safeguard public morality and
decent behavior. In 2013 vide section 7 of the Criminal Law
(Amendment) Act 2013, four new sections 354A, 354B, 354C and
354D have been added in the code in order to deter criminals from
indulging in sexual harassment, assault or use of criminal force to
woman with intent to disrobe her; voyeurism and stalking etc.
Section 354 punishes an assault or use of criminal force to any woman.
with the intention or knowledge that the woman’s modesty will be
outraged. [Major Singh vs State of Punjab, AIR 1963 Punj 443]
Definition
Section 354 in The Indian Penal Code – Assault or criminal force
to a woman with intent to outrage her modesty.
Whoever assaults or uses criminal force against any woman, intending to
outrage or knowing it to be likely that he will thereby outrage her
modesty, shall be punished with imprisonment of either description for
a term which shall not be less than one year but which may extend to
five years, and shall also be liable to fine.
Essential Ingredients
● Awoman was assaulted or criminal force was used against her;
● The accused intended to outrage her modesty or knew that her
modesty was likely to be outraged.
What is modesty and decency
Modesty is the quality of being modest which means, as regards
women, decent in manner and conduct, scrupulously chaste, shrinking
fromindecency.
Decency means propriety of behavior, what is required by good taste
or delicacy, avoidance of obscene language and gesture and of undue
exposure of person, and respectfully.
The Supreme Court of Canada in R. vs Clark, [2005 SCC 2]
(Canada)] held that masturbating in illuminated room before
uncovered window while unknowingly being observed by neighbors
does not amount to willfully doing an indecent act in public place within
Section150oftheCriminalCodeofCanadapertainstotheoffenseofabandonmentofachild,outlininglegalresponsibilitiesregardingthecareandprotectionofchildren.
In 2013, vide section 7 of the Criminal Law (Amendment)Act 2013, four
new sections 354A, 354B, 354C and 354D have been added in the
code in order to deter criminals from indulging in sexual harassment,
assault or use of criminal force to woman with intent to disrobe her;
voyeurism and stalking etc.
Sexual harassment
Section 354 - Asexual harassment and punishment for sexual
harassment.
(1)Aman committing any of the following acts—
(i) physical contact and advances involving unwelcome and explicit
sexual overtures; or
(ii) a demand or request for sexual favors; or
(iii) showing pornography against the will of a woman; or
making sexually colored remarks,
shall be guilty of the offence of sexual harassment.
Any man who commits the offence specified in clause (i) or clause
(ii) or clause (iii) of sub-section (1) shall be punished with rigorous
imprisonment for a term which may extend to three years, or with a fine,
or with both.
Any man who commits the offence specified in clause (iv) of sub-
section (1) shall be punished with imprisonment of either description for
a term which may extend to one year, or with fine, or with both.
Disrobing a woman
Section 354-B Assault or use of criminal force to woman with
intent to disrobe.
Any man who assaults or uses criminal force against any woman or abets
such act with the intention of disrobing or compelling her to be naked,
shall be punished with imprisonment of either description for a term
which shall not be less than three years but which may extend to
seven years, and shall also be liable to fine.
Voyeurism
Section 354-C Voyeurism
● Any man who watches, or captures the image of a woman
● engaging in a private act in circumstances where she would usually
have the expectation of not being observed either by the
perpetrator or by any other person
● Any person at the behest of the perpetrator or disseminates such
image
shall be punished on first conviction with imprisonment of either
description for a term which shall not be less than one year, but which
may extend to three years, and shall also be liable to fine, and be
punished on a second or subsequent conviction, with imprisonment of
either description for a term which shall not be less than three years,
but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purpose of this section, 'private act' includes
an act of watching carried out in a place which, in the circumstances,
would reasonably be expected to provide privacy and where the
the victim's genitals, posterior or breasts are exposed or covered only in
underwear; or the victim is using a lavatory; or the victim is doing a
sexual act that is not of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the
images or any act, but not to their dissemination to third persons and
where such image or act is disseminated, such dissemination shall be
considered an offence under this section.
Stalking
Section 354-D Stalking
Any man who—
● follows a woman and contacts, or attempts to contact such woman
● to foster personal interaction repeatedly
● despite a clear indication of disinterest by such woman; or
Or
● monitors the use by a woman of the internet, email or any other
form of electronic communication
commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who
pursued it proves that—
● It was pursued for the purpose of preventing or detecting crime.
entrusted with responsibility by state
● it was pursued under any law or to comply with any condition or
requirement imposed by any person under any law; or
● in the particular circumstances such conduct was reasonable and
justified.
(2) Whoever commits the offence of stalking shall be punished on first
conviction with imprisonment of either description for a term which
may extend to three years, and shall also be liable to fine; and be
punished on a second or subsequent conviction, with imprisonment
of either description for a term which may extend to five years, and
shall also be liable to fine.
The above offences are gender specific offenses.
