REVISION NOTES MODULE 10.
5 : INDIAN PENAL CODE : LAWXPERTSMV TEAM
LAWXPERTSMV. #REVISION
NOTES
OFFENCE AGAINST HUMAN BODY
IPC has classified the infliction of bodily pain into three categories
1. Assault
2. Criminal Force
3. Hurt
OF CRIMINAL FORCE AND ASSAULT (349/128-358/136)
SCHEME: CONTENTS
SEC.349/128 FORCE
SEC.350/129 CRIMINAL FORCE
SEC.351/130 ASSAULT
SEC.352/131 PUNISHMENT FOR CRIMINAL FORCE + ASSAULT
SEC.353/133- SEVERE PUNISHMENT IN CASE OF AGGRAVATED FORMS OF ASSAULT
357/135 AND CRIMINAL FORCE
FORCE UNDER SECTION 349/128:
1. MEANING OF FORCE : The definition nearest to the exact meaning of the word ‘force’ is
violence; power exerted against will or consent.
2. WHY WE NEED LEARN ABOUT ‘FORCE’: An understanding of the term ‘force’ is
necessary to understand the definition of ‘criminal force’ and ‘assault’.
3. INGREDIENTS OF SECTION 349/128 :
a) The causing of motion;
b) Change of motion ; or
c) Cessation of motion.
HOW? First, by the power of his own body ; Secondly, by the disposal of any substance in
such a manner that the motion or change of motion or cessation of motion takes place without
any further act either on his own part or on the part of any other person;
Thirdly, by inducing any animal to move, or by inducing any animal to change its motion, or
by inducing any animal to cease to move.
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In Sheo pratap singh v. Emperor : It was held in the case that inducing an animal to move
may amount to using force.
Chandrika Sao v. State of Bihar [AIR 1967 SC 170]
The accused snatched the account books from the hands of officer which were being
inspected. By snatching away the books which the official was holding the accused
necessarily caused a jerk to the hand or hands.
HELD : The Court therefore held that the action of the accused amounts to use of force as
contemplated by Section 349/128 of the Code.
350/129. 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.
TAKE TIME AND READ IT THE FOLLOWING ILLUSTRATIONS CAREFULLY.
Illustrations under Section 350/129
(a) 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. Here A intentionally causes motion to Z, and he
does this by disposing substances in such a manner that the motion is produced without
any other act on any person’s part. A has therefore intentionally used force to Z; and if he
has done so without Z’s consent, in order to the committing of any offence, or intending
or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A
has used criminal force to Z.
(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their
pace. Here Z has caused change of motion to Z by inducing the animals to change their
motion. A has therefore used force to Z; and if A has done this without Z’s consent,
intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has
used criminal force to Z.
(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin.
Here A has caused cessation of motion to Z, and he has done this by his own bodily power.
A has therefore used force to Z; and as A has acted thus intentionally, without Z’s consent,
in order to the commission of an offence. A has used criminal force to Z.
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(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved
his own person so as to bring it into contact with Z. He has therefore intentionally used
force to Z; and if he has done so without Z’s consent, intending or knowing it to be likely
that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
(e) 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. Here, if the
throwing of the stone produce the effect of causing any substance to come into contact with
Z, or Z’s clothes. A has used force to Z; and if he did so without Z’s consent, intending
thereby to injure, frighten or annoy Z, he has used criminal force to Z.
(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if he
does so without her consent intending or knowing it to be likely that he may thereby injure,
frighten or annoy her, he has used criminal force to her.
(g) Z is bathing, A pours into the bath water which he knows to be boiling. Here A
intentionally by his own bodily power causes such motion in the boiling water as brings
that water into con-tact with Z, or with other water so situated that such contact must
affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done
this without Z’s consent intending or knowing it to be likely that he may thereby cause
injury, fear, or annoyance to Z, A has used criminal force.
(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury,
fear or annoyance to Z, he uses criminal force to Z.
CRIMINAL FORCE : Criminal force is the exercise of one’s energy upon another human being
and it may be exercised directly or indirectly.
1. According to Section 350/129 of the Code, force becomes criminal :
a) when it is used without consent and in order to the committing of an offence; or
b) when it is intentionally used to cause injury, fear or annoyance to another to whom the
force is used.
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INGREDIENTS
1. The intentional use of the force to any person;
2. Such force must have been used without the person’s consent;
3. The force must have been used:
a) In order to the committing of an offence; or
b) With the intention to cause, or knowing it to be likely that it will cause, injury,
fear or annoyance to the person to whom it is used.
ENGLISH LAW : The term ‘battery’ of English law is included in ‘Criminal force’. ‘
In Bihari Lal v. Emperor : In this case a person broke the house in the absence of the
occupant, then it is clear that the accused had taken the possession of the house without
any force or criminal force.
INTENTIONAL : The word ‘intentional’ excludes all involuntary, accidental or even negligent
acts.
CONSENT : The word ‘consent’ should be taken as defined in Section 90, IPC.
ILLUSTRATION :Of these illustrations, illustration (a) exemplifies motion in Section
350/129; illustration (b) ‘change of motion’; illustration (c) ‘cessation of motion; illustrations
(d), (e), (f), (g) and (h) ‘cause to any substance any such motion’. Clause (1) of Section 350/129
is illustrated by illustrations (c), (d), (e), (f) and (g); clause (2) of Section 350/129 is illustrated
by illustration (a); and clause (3) of Section 350/129 is illustrated by illustrations (b) and (h).
Section 351/130 in The Indian Penal Code
351/130. 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.
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The essential ingredients of an assault : Section 351/130
1) That the accused should make a gesture or preparation to use criminal force;
2) Such gesture or preparation should be made in the presence of the person in
respect of whom it is made;
3) There should be intention or knowledge on the part of the accused that such
gesture or preparation would cause apprehension in the mind of the victim that
criminal force would be used against him;
4) Such gesture or preparation has actually caused apprehension in the mind of the
victim, of use of criminal force against him.
ASSAULT :
• Assault is generally understood to mean the use of criminal force against a person,
causing some bodily injury or pain.
• But, legally, ‘assault’ denotes the preparatory acts which cause apprehension of use of
criminal force against the person. Assault falls short of actual use of criminal force.
According to Section 351/130 of the Code, the mere gesture or preparation with the intention
of knowledge that it is likely to cause apprehension in the mind of the victim, amounts to an
offence of assault.
The explanation to Section 351/130 provides that mere words do not amount to assault,
unless the words are used in aid of the gesture or preparation which amounts to assault.
EXAMPLE :
1. R v Meade and Belt (1823) 1 Lew. C.C. 184: The defendants surrounded the victim's house
singing threatening and menacing songs.
Held: No assault was committed. Holroyd J "no words or singing are equivalent to an assault"
The following have been held to be instances of assault:
i) Lifting one’s lota or lathi
ii) Throwing brick into another’s house
iii) Fetching a sword and advancing with it towards the victim
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iv) Pointing of a gun, whether loaded or unloaded, at a person at a short distance
v) Advancing with a threatening attitude to strike blows.
TEST : The question whether a particular act amounts to an assault or not depends on
whether the act has caused reasonable apprehension in the mind of the person that
criminal force was imminent. The words or the action should not be threat of assault at
some future point in time. The apprehension of use of criminal force against the person
should be in the present and immediate.
Assault Affray
Sec. 351/130 defines Assault under chapter 16 Sec. 159/194(1) defines “Affray under chapter
of the code. 8 of the code.
Committed by one or more persons Committed by two or more persons
Committed by either in Private or in a Public Committed by either in Public Place only.
Place.
Punishment : 3 months or fine or both. Punishment : 1 month or fine 100rs or Both.
352/131. Punishment for assault or criminal force otherwise than on grave
provocation.
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 of
either description for a term which may extend to three months, or with fine which
may extend to five hundred rupees, or with both.
Explanation.—Grave and sudden provocation will not mitigate the punishment for an
offence under this section.
If the provocation is sought or voluntarily provoked by the offender as an excuse for
the offence, or if the provocation is given by anything done in obedience to the law,
or by a public servant, in the lawful exercise of the powers of such public servant, or
if the provocation is given by anything done in the lawful exer-cise of the right of
private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a
question of fact.
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INGREDIENTS ;
a) The accused made a gesture or preparation to use criminal force.
b) The accused knew that it was likely that such gesture or preparation to use criminal force
would cause apprehension that such assault or use of force would be done.
c) That no grave or sudden provocation was received from the complainant.
The last part of the explanation under this section 352/131 says that whether the provocation
was grave and sudden enough to mitigate the offence is a question of fact, which means that
no general propositions could be made in this respect and facts and circumstances of each
case would be decisive.
INTRODUCTION TO AGGRAVATED ASSAULT : Section 353/133 to 357/135 provide for
severe punishment in cases of aggravated form of assault or use of Criminal Force.
SEC.S CONTENT PUNISHMENT
Deter a public servant from discharge of his duty 2years or fine or both
353/133
Outraging a woman’s modesty 2 years or fine or both
354/74
Dishonouring a person otherwise than on grave provocation 2 years or fine or both
355/133
Attempt to commit theft of property carried by a person 2 years or fine or both
356/134
Attempt to wrongfully confine a person 1 year or 1000fine or
357/135 both
353/133. Assault or criminal force to deter public servant from discharge of his duty
:
Whoever assaults or uses criminal force to any person being a public servant in the
execution of his duty as such public servant, or with intent to prevent or deter that
person from discharging his duty as such public servant, or in consequence of
anything done or attempted to be done by such person in the lawful discharge of his
duty as such public servant, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
ASSAULT OR CRIMINAL FORCE : Under section 353/133, assaulting or using criminal force
to deter a public servant from discharging his duties has been made punishable under this
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section ; whereas section 332 and 333 causing hurt and grievous hurt to deter public servant
from discharge of his duty.
INGREDIENTS :
1. There must be an assault or use of criminal force to a public servant
2. The public servant was acting in execution of his duties in that capacity, or
3. That criminal force or assault was used against such public servant :
a) with the intention to prevent or deter him from discharging his duty in that capacity, or
b) in consequence of anything done or attempted to be done by him in the lawful discharge
of his duty in that capacity.
In Virendra Sharma v. State, the petitioner sprinkled black paint on the face of commissioner
of municipal corporation while he was in office and used abusive language against him.
SECTION 354/74: ASSAULT OR CRIMINAL FORCE TO WOMAN WITH INTENT TO
OUTRAGE HER MODESTY: Whoever assaults or uses criminal force to 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
may extend to two years, or with fine, or with both.
INGREDIENTS :
a) There must be either an assault or use of criminal force against a woman who according
to section 10 of the Indian Penal Code is a female human being of any age.
b) The offender must either intend to outrage the modesty of the woman, or must know that
he is hereby likely to outrage modesty.
PUNISHMENT : Simple or rigorous imprisonment for a term extending up to 2 years, or with
fine, or with both.
An indecent assault upon a woman is punished under this section. Rape is punished under
section 376; but the offence under this section is of less gravity than rape.
FEMALE MODESTY : What constitutes an outrage to female modesty is nowhere defined,
however, the Supreme Court of India in Ramkripal case decided by Justices Ajit Pasayat and
S.H. Kapadia brought clarity to section 354/74. The bench defined modesty as ‘The essence
of a woman’s modesty is her sex, and thus giving skeleton to the flesh.’
Under The Criminal Law (Amendment) Act, 2013 : After section 354/74 of the Penal Code,
the following sections have been inserted, namely:––
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SECTION CONTENT
Section 354A/75 Sexual Harassment
Section 354B/ 76 Assault or use of criminal force to woman with intent to disrobe
Section 354C/77 Voyeurism
Section 354D/78 Stalking
Section 35aA/75 Sexual Harassment:
COMMENT:
• Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or
inappropriate promise of rewards in exchange for sexual favors.
• The critical factor is the unwelcomeness of the behaviour, thereby making the impact
of such actions on the recipient more relevant rather than intent of the perpetrator.
The essentials of the offence of sexual harassment as defined in the case of Vishaka v. State
of Rajasthan are –
1. physical contact and advances involving unwelcome and explicit sexual overtures; or
2. a demand or request for sexual favours; or
3. making sexually coloured remarks; or
4. forcibly showing pornography; or
5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
ART.14 AND ART.21 VIOLATION : According to the Indian Constitution, sexual harassment
infringes the fundamental right of a woman to gender equality under Article 14 and her right
to life and live with dignity under Article 21.
Existing Provisions : Before the passing of the Act, the provisions in the IPC that dealt with
sexual harassment existed but there was no such provision that clearly laid down the
punishment for sexually harassing a person. The provisions were–
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Section 296/294 Section 354/74 Section 509/79
Obscene acts and songs Assault or use of criminal force Uttering any word or making
on a woman with intent to any gesture intended to insult
outrage her modesty. the modesty of a woman.
Imprisonment for a term up 2 years imprisonment or fine, or Imprisonment for 1 year, or
to 3 months or fine, or both. both. fine, or both.
Section 354B/76: Assault or use of criminal force to woman with intent to disrobe
Whoever assaults or uses criminal force to any woman or abets such act with the intention
of disrobing or compelling her to be naked in any public place, 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 with fine.
Existing Provisions : There was no specific provision regarding this offence. The act was
dealt under Section 354/74.
Provisions after Amendment
INGREDIENTS : Section 354B/77 –
1. A man commits assault or uses criminal force to any woman or abets such act.
2. He commits such act with intention to disrobe or compel her to be naked in any public
place,
Section 354C/77 Voyeurism : Voyeurism is the act of watching a person engaged in private
activities. If a man watches a woman engaged in private activities, when the woman does not
expect anyone to be watching, he has committed the offence of voyeurism.
Existing Provisions : There was no specific offence under IPC. However, under Information
Technology Act, 2000 both men and women were protected and punishment for the act was
up to 3 years and/or fine up to Rs. 2 lakh.
Section 354D/78 –Stalking :
(1) Whoever follows
• a person and contacts, or attempts to contact such person to foster personal interaction
repeatedly, despite a clear indication of disinterest by such person, or
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• whoever monitors the use by a person of the internet, email or any other form of electronic
communication, or
• watches or spies on a person in a manner that results in a fear of violence or serious
alarm or distress in the mind of such person, or
• interferes with the mental peace of such person, commits the offence of stalking: Provided
that the course of conduct will not amount to stalking if the person who pursued it shows–
–
(i) that it was pursued for the purpose of preventing or detecting crime and the person accused
of stalking had been entrusted with the responsibility of prevention and detection of crime by
the state; or
(ii) That it was pursued under any law or to comply with any condition or requirement
imposed by any person under any law; or
(iii) That in the particular circumstances the pursuit of the course of conduct was reasonable.
PUNISHMENT : 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.
As per the definition in Section 354D/78 the offence was gender-neutral offence, making the
crime of stalking punishable for both the gender whether male or female. However, the
Amendment Act of 2013 changed ‘Whosoever’ to ‘Any Man’ making the offence of Stalking a
gender-specific offence.
WOMAN’S MODESTY :
CASE LAWS: In state v. Major Singh, the accused walked into a room where a female child
of seven and a half month was sleeping. He stripped himself naked below his waist her waist
and kneeled over the child and fingered her vagina, ruptured her hymen and caused a tear
in her vagina. The Supreme Court while holding him guilty under section 354/74 observed
that when any act done to or in the presence of woman is clearly suggestive of sex according
to the common notions of mankind that act will fall within this section.
The essence of a woman’s modesty is her sex. The culpable intention or knowledge of the
accused is the crux of matter. The reaction of the woman is very relevant, but its absence is
not always decisive, as for example, when the accused with the corrupt mind stealthily
touches the flesh of a sleeping woman.
She may be an idiot, or under the spell of anaesthesia or sleeping, or unable to appreciate
the significance of the act; nevertheless, the offender is punishable under this section. Where
the accused dragged a woman in, made her naked forcibly and committed some acts, but
there was no proof of rape, he was held guilty under section 354/74 # Basudeo Naik v. State.
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DIFFERENCE BETWEEN RAPE (OR ITS ATTEMPT) AND INDECENT ASSAULT (OR
OUTRAGING THE MODESTY OF A WOMAN).-
Assaulting or using criminal force to woman with the intention to outrage, or with the
knowledge that he will thereby outrage, her modesty is indecent assault. Such intention or
knowledge is not part of rape or its attempt. An indecent assault may not amount to attempt
to commit rape unless the court is satisfied that the accused had gone beyond the stage of
preparation with a view to gratify his lust at all cost. Where the accused tried to rape the
victim but she picked up an axe and caused injuries on him after which he left her and
escaped, he was held guilty under section 354/74. # Rameshwar v. State.
Mere penetration in the vulva would amount to rape. # Shankar Tukaram Ursal v. State.
Where the accused stripped a girl almost naked and was himself lying upon her when she
cried for help and was rescued, he was held guilty of attempted rape # Khadam v. Emp.
Constitutional validity of offence of outraging modesty :
To constitute an offence under section 354/74, I.P.C. there must be an assault or use of
criminal force to any woman with the intention or knowledge that the woman’s modesty will
be outraged.
• The offence under this section can be committed by any man or a woman with the
necessary intent or knowledge
• Section 354/74, therefore operates equally upon all persons whether males or females
and it cannot be maintained that as women are exempt from any punishment under this
section. It offends against the provisions of Art. 14 of the Constitution.
355/133. Assault or criminal force with intent to dishonour person, otherwise than
on grave provocation :
EXPLANATION : The section says that whoever assaults or uses criminal force to any person
with the intention thereby of dishonouring that person, otherwise than on grave and sudden
provocation by that person, shall be punished with simple or rigorous imprisonment for a
term extending up to two years, or with fine, or with both.
INGREDIENTS :
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a) There must be an assault or criminal force
b) The accused intended to dishonour that person against whom there is assault or criminal
force.
c) The accused did not that as result of grave and sudden provocation.
ILLUSTRATION : Where a woman belonging to low caste threw water on the accused, a man
belonging to high caste, while he was performing his morning prayers, it was held that the
latter received grave and sudden provocation so as to justify him to catch her with the use of
force, and, therefore, the latter could not be held to be guilty under section 355/133.
356/134. Assault or criminal force in attempt to commit theft of property carried by
a person:
SCOPE :
1. This section punishes assault or use of criminal force in attempt to commit theft of
property wore or carried by a person.
2. It is usually applicable for pick-pockets.
3. Not applicable if the actual theft is commited i.e., attempted theft with criminal force is
only punishable under this section.
4. If the assault has taken place or criminal force is used after theft of property has already
been committed, this section does not apply.
INGREDIENTS :
1. The accused assaulted or used criminal force to another person;
2. The other person was wearing or carrying the property attempted to be stolen ; and
3. The accused committed assault in attempting to steal such property.
357/135. Assault or criminal force in attempt wrongfully to confine a person.
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EXPLANATION :
1. This section penalises assault or use of criminal force in attempt wrongfully to confine a
person.
2. It states that whoever assaults or uses criminal force to any person in attempting to
wrongfully confine that person, shall be punished with simple or rigorous imprisonment
for a term extending up to one year, or with fine extending up to one thousand rupees, or
with both.
3. There must be an attempt to commit wrongful confinement of a person and in doing so
the offender must either assault or use criminal force against the victim.
358/136. Assault or criminal force on grave provocation.
• Assault or use of criminal force on grave and sudden provocation has been made
punishable by this section.
• IF GRAVE AND SUDDEN – TREAT IT LIGHTLY : The section recognises that assault or
use of criminal force under grave and sudden provocation deserves to be a part of the
principle of diminished responsibility and, therefore, it has been treated very lightly.
PUNISHMENT : The maximum imprisonment prescribed is only for one month and that too
only simple imprisonment, not rigorous.
According to the explanation, which is same as applicable to section 352/131, the
provocation must not be sought or voluntarily provoked by the offender as an excuse for the
offence, or must not be given by anything done in obedience to the law, or by a public servant
in the lawful exercise of the powers of such public servant, or must not be given by anything
done in the lawful exercise of the right of private defence.
IT IS A QUESTION OF FACT : Whether the provocation was grave and sudden enough to
mitigate the offence is a question of fact.
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