Introduction
In this article, we will be studying the concept force and assault under Bharatiya Nyaya Sanhita, 2023 (BNS).
Force (Section 128):
Definition:
Force, as per Section 128 of BNS, involves causing motion, change of motion, or cessation of motion to another person or any substance. This includes bringing substances into contact with a person's body or anything they are wearing or carrying. Force can be caused by bodily power, disposing substances, or inducing animals to move.
Criminal Force (Section 129 of BNS):
- Whoever intentionally uses force to any person without their consent, with the intention of committing an offense or causing injury, fear, or annoyance, is said to use criminal force. .
Examples:
- Pushing someone abruptly in the street to cause discomfort or annoyance.
- Throwing an object with the intention to make it come into contact with a person, their clothes, or belongings.
- Intentionally causing a disturbance in a crowd by inducing animals to move.
Assault (Section 130 of BNS):
Definition:
Assault under Section 130 BNS occurs when a person 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 he who makes that gesture or preparation is about to use criminal force to that person.
Punishment for Assault and criminal force (Section 131 of BNS):
- Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person shall be punished with imprisonment or three minutes or fine, or both.
Assault on Public Servant (Section 132 of BNS):
Definition:
Assault on a public servant under Section 132 BNS occurs when a person assaults or uses criminal force to any person being a public servant in the execution of his duty. The intent might be to prevent or deter the public servant from discharging his duty.
Punishment for Assault on Public Servant:
- The punishment includes imprisonment for a term that may extend to two years, a fine, or both.
Example:
- Physically obstructing a police officer from performing their duty during an arrest or investigation.
Intent to Dishonour (Section 133 of BNS):
Definition:
Assault with the intent to dishonour under Section 133 BNS involves assaulting or using criminal force to any person intending to dishonour that person, other than on grave and sudden provocation given by that person.
Punishment for Assault with Intent to Dishonour:
- The punishment includes imprisonment for a term that may extend to two years, a fine, or both.
Example:
- Engaging in an act that humiliates or disrespects an individual in public with the intention to cause dishonour.
Attempted Theft (Section 134 of BNS):
Definition:
Assault or criminal force in attempting to commit theft under Section 134 BNS involves assaulting or using force while attempting to commit theft on any property carried by a person.
Punishment for Attempted Theft:
- The punishment includes imprisonment for a term that may extend to two years, a fine, or both.
Example:
- Trying to forcefully snatch a bag or wallet from a person with the intent to steal.
Assault or criminal force in an attempt to wrongfully confine (Section 135 of BNS):
Definition:
Section 135 of BNS deals with assault or criminal force in an attempt to wrongfully confine a person.
- The punishment includes imprisonment for a term that may extend to one year, a fine that may extend to five thousand rupees, or both.
Example:
- Restraining someone against their will, restricting their freedom of movement without legal justification.
Grave and Sudden Provocation (Section 136 of BNS):
Definition:
Assault on grave and sudden provocation under Section 136 BNS occurs when a person assaults or uses criminal force on another due to provocation provided by that person.
Punishment for Assault on Grave and Sudden Provocation:
- The punishment includes simple imprisonment for a term that may extend to one month, a fine that may extend to one thousand rupees, or both.
Example:
- Reacting violently in the heat of the moment to an immediate and serious provocation, such as a sudden physical attack.
FAQs on Force and Assault under Bharatiya Nyaya Sanhita, 2023 (BNS):
Q1: What is the definition of force under BNS?
A1: Force, according to Section 128 of BNS, involves causing motion, change of motion, or cessation of motion to another person or any substance. This includes bringing substances into contact with a person's body or anything they are wearing or carrying.
Q2: What are the examples of criminal force under BNS?
A2: Examples include pushing someone abruptly in the street, throwing an object with the intention to make it come into contact with a person, or intentionally causing a disturbance in a crowd by inducing animals to move.
Q3: How is assault defined in BNS?
A3: Assault under Section 130 BNS occurs when a person 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 he who makes that gesture or preparation is about to use criminal force to that person.
Q4: Can you provide an example of assault under BNS?
A4: Shaking a fist at someone with the intention or knowledge that it may cause them to believe an attack is imminent or making threatening gestures intending to create fear or apprehension in another person.
Q5: What is the punishment for assault under BNS?
A5: The punishment includes imprisonment, fine, or both, as stated in Section 131 of BNS.
Q6: What constitutes assault on a public servant under BNS?
A6: Assault on a public servant under Section 132 BNS occurs when a person assaults or uses criminal force to any person being a public servant in the execution of his duty, intending to prevent or deter the public servant from discharging his duty.
Q7: Can you give an example of assault on a public servant under BNS?
A7: Physically obstructing a police officer from performing their duty during an arrest or investigation.
Q8: What is the intent to dishonour under BNS?
A8: Assault with the intent to dishonour under Section 133 BNS involves assaulting or using criminal force to any person intending to dishonour that person, other than on grave and sudden provocation given by that person.
Q9: What is the punishment for intent to dishonour under BNS?
A9: The punishment includes imprisonment, fine, or both, as per Section 133 of BNS.
Q10: How is an attempt to commit theft addressed under BNS?
A10: Assault or criminal force in attempting to commit theft under Section 134 BNS involves assaulting or using force while attempting to commit theft on any property carried by a person.
Q11: Can you provide an example of attempted theft under BNS?
A11: Trying to forcefully snatch a bag or wallet from a person with the intent to steal.
Q12: What does Section 135 of BNS address?
A12: Section 135 deals with assault or criminal force in an attempt to wrongfully confine a person.
Q13: What is the punishment under Section 135 of BNS?
A13: The punishment includes imprisonment, fine, or both, as stated in Section 135 of BNS.
Q14: What is assault on grave and sudden provocation under BNS?
A14: Assault on grave and sudden provocation under Section 136 BNS occurs when a person assaults or uses criminal force on another due to provocation provided by that person.
Q15: What is the punishment for assault on grave and sudden provocation under BNS?
A15: The punishment includes simple imprisonment, fine, or both, as per Section 136 of BNS.
Criminal force and Assault under BNS (Bharatiya Nyaya Sanhita) : Notes
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