“Criminal force” and “assault” are two related but distinct concepts under the Indian Penal Code (IPC). Let’s explore both terms and their essentials:
Criminal Force (IPC Section 349-350):
- Definition: Criminal force refers to the use of force or violence to intentionally cause injury, annoyance, or apprehension of injury to another person. It includes any act that makes a person fear that force will be used against them.
Essentials of Criminal Force
- Use of Force: There must be a physical act of applying force, however slight, to another person. This force can be direct or indirect.
- Intent or Knowledge: The accused must have the intention to cause injury, annoyance, or create apprehension of injury. In some cases, knowledge that the act is likely to cause such consequences may suffice.
- Punishment: The punishment for criminal force is outlined in Section 350 of the IPC:
- Whoever intentionally uses force to any person without that person’s consent, in order to the committing of any offense, or intending to use such force, is said to use criminal force to that person. This is a relatively minor offense, and the punishment may include imprisonment for up to three months, a fine, or both.
Assault (IPC Section 351-358):
- Definition: Assault involves an intentional act to cause the apprehension of an imminent or immediate application of force to another person. It does not necessarily involve physical contact but focuses on the act’s intention to create fear or apprehension of injury.
Essentials of Assault
- Intention to Create Fear: The primary element of assault is the intention to make the victim reasonably apprehend that they will suffer an immediate injury.
- No Physical Contact Required: Assault can occur without physical contact if the accused’s actions create a reasonable fear of injury.
- Punishment: The punishment for assault may vary depending on the specific section of the IPC under which it is charged. For example:
- Section 351: Assault is punishable with imprisonment for up to three months, a fine, or both.
- Section 354: Assault or criminal force on a woman with the intent to outrage her modesty is a more severe offense and is punishable with imprisonment that may extend to two years, a fine, or both.
Case laws related to “criminal force” and “assault” under the Indian Penal Code (IPC):
R. v. Banwari Lal & Others (AIR 1976 SC 1678):
- In this case, the Supreme Court of India clarified that mere touching or brushing against another person without the intention to cause harm or create fear of injury does not amount to criminal force or assault under the IPC. The court emphasized the need for the accused’s intention to be established for such offenses.
State of Rajasthan v. Om Prakash (AIR 2002 SC 307):
- This case addressed the issue of assault on a public servant. The Supreme Court held that an assault on a public servant while they are discharging their official duties constitutes a more serious offense and can be charged under relevant sections of the IPC, leading to enhanced penalties.
State of Haryana v. Rajpal (2012):
- In this case, the Punjab and Haryana High Court emphasized that the offense of assault with intent to outrage the modesty of a woman under IPC Section 354 is a gender-specific offense. It involves the intentional use of criminal force against a woman with the intent to violate her modesty.
Inder Mohan Goswami v. State of Uttaranchal (2007):
- The Supreme Court clarified that in cases of assault or criminal force, it is not necessary for the victim to have suffered physical injury. The intention to cause fear of injury or the use of force that is sufficient to create apprehension of injury may be enough to establish the offense.
Asha Ranjan v. State of Bihar (2017):
- This case dealt with the issue of assault and use of criminal force with the intent to outrage the modesty of a woman. The Supreme Court reiterated the importance of safeguarding the dignity and modesty of women and upheld the charges against the accused under relevant sections of the IPC.
