Section 349 IPC: Force
Section 349 of the Indian Penal Code, 1860 defined when a person was said to use "force" to another person. It was a definitional provision and formed the foundation for understanding criminal force, assault and several related offences under the IPC.
Definition of Force under Section 349 IPC
A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or causes such motion, change of motion, or cessation of motion to a substance that brings the substance into contact with any part of the other person's body, anything the person is wearing or carrying, or anything so situated that the contact affects that person's sense of feeling.
The motion, change of motion or cessation of motion must be caused in one of the three statutory ways described below.
Three Ways in Which Force May Be Caused
1. By bodily power
The first mode is direct use of the person's own bodily power. For example, physically pushing another person causes motion by bodily power and therefore involves the use of force within the statutory definition.
2. By disposing a substance
The second mode applies where a person places or arranges a substance so that motion, change of motion or cessation of motion occurs without any further act by that person or by another person. The definition therefore was not confined to immediate physical contact caused by the accused's body.
3. By inducing an animal to move
The third mode covers causing an animal to move, change its motion or stop moving. Thus, force could be used indirectly through an animal when the resulting movement produced the contact contemplated by Section 349.
Essential Elements of Section 349 IPC
- There must be motion, a change of motion, or cessation of motion.
- The effect may be caused directly to another person or through a substance.
- Where a substance is involved, it must come into the type of contact described by the section, including contact affecting the person's sense of feeling.
- The relevant motion must be caused by bodily power, by disposing a substance in the statutory manner, or by inducing an animal to move, change its motion or cease moving.
- Section 349 itself defined "force"; it did not by itself prescribe a punishment.
Force and Criminal Force Are Not the Same
Section 349 defined the physical concept of force. Section 350 IPC separately dealt with "criminal force" and added further legal requirements. Accordingly, every use of force under Section 349 did not automatically amount to criminal force. The surrounding circumstances, intention and the ingredients of the applicable offence had to be examined.
| Provision | Subject | Function under the IPC |
|---|---|---|
| Section 349 | Force | Defined what constitutes use of force. |
| Section 350 | Criminal force | Defined when force becomes criminal force. |
| Section 351 | Assault | Defined assault under the IPC. |
| Section 352 | Punishment | Provided punishment for assault or criminal force otherwise than on grave and sudden provocation, subject to the provision's terms. |
Practical Meaning of Section 349 IPC
The definition was deliberately broad. Physical force could arise through direct bodily action, through an object or substance, or through an animal. The provision focused on the mechanism by which motion or contact was caused. Whether that force resulted in criminal liability depended on the ingredients of the substantive IPC provision invoked in the particular facts.
Related IPC Provisions
Readers examining force, assault and criminal force may also refer to Section 350 IPC - Criminal force, Section 351 IPC - Assault, Section 352 IPC - Punishment for assault or criminal force, and the page covering Sections 353 to 358 IPC.
Frequently Asked Questions
Did Section 349 IPC create a separate offence?
No. Section 349 was principally a definition of "force". Criminal liability depended on the relevant penal provision and its additional ingredients.
Was physical hand-to-body contact always necessary?
No. The statutory definition also contemplated force caused through a substance and force produced by inducing an animal to move, change its motion or stop moving.
Why is Section 349 important for older IPC matters?
It supplied the basic meaning of force used in the IPC framework. That definition assisted in construing provisions dealing with criminal force, assault and related offences for the period governed by the IPC.
Note: This page is a general legal information resource on the pre-BNS IPC position. Application of criminal law depends on the date of the alleged act, the governing statutory provisions and the facts of the case.