Section 350 IPC: Criminal Force

Section 350 of the Indian Penal Code, 1860 defined "criminal force". The provision built upon the meaning of "force" in Section 349 IPC and required intentional use of force without consent together with the purpose, intention or knowledge specified in Section 350.

Legal position covered: This article explains Section 350 IPC as applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is intended for understanding the IPC provision and matters governed by the earlier law.

Definition of Criminal Force under Section 350 IPC

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.

Essential Ingredients of Section 350 IPC

For force to amount to criminal force under Section 350, the statutory definition requires the following elements to be read together:

Ingredient	Meaning
Intentional use of force	The use of force must be intentional. The concept of force is explained in Section 349 IPC.
Force used to a person	The force contemplated by the section must be used to another person.
Without consent	The use of force must occur without the consent of the person against whom it is used.
Required purpose or mental element	The force must be used in order to commit an offence, or with intention to cause injury, fear or annoyance, or with knowledge that such consequence is likely.

Force and Criminal Force: Sections 349 and 350 IPC

Section 349 IPC defined when a person is said to use "force". Section 350 added further requirements before that force became "criminal force". Thus, the mere physical concept of force and criminal force were not identical: Section 350 required intentional use, absence of consent, and the specified unlawful purpose, intention or knowledge.

Statutory Illustrations to Section 350 IPC

The IPC itself supplied eight illustrations showing that criminal force was not confined to directly striking or pushing another person.

Illustration (a) - Moored boat: Z is sitting in a moored boat. A unfastens the moorings and intentionally causes the boat to drift. A thereby causes motion to Z by disposing substances so that the motion occurs without any further act. If this is done without Z's consent for committing an offence, or with the requisite intention or knowledge regarding injury, fear or annoyance, A uses criminal force to Z.

Illustration (b) - Chariot and horses: Z is riding in a chariot. A lashes Z's horses and causes them to quicken their pace. A thereby causes a change of motion to Z by inducing the animals to change their motion. If the act is without Z's consent and with the requisite intention or knowledge, it amounts to criminal force.

Illustration (c) - Palanquin: Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. A causes cessation of motion to Z by bodily power. Because the act is intentional, without Z's consent and for commission of an offence, A uses criminal force to Z.

Illustration (d) - Pushing: A intentionally pushes against Z in the street. By bodily power A brings his person into contact with Z and therefore intentionally uses force. If this is without Z's consent and A intends or knows it likely that the act may injure, frighten or annoy Z, it is criminal force.

Illustration (e) - Throwing a stone: A throws a stone intending or knowing it likely that the stone will come into contact with Z, Z's clothes or something carried by Z, or will strike water so that water is dashed against Z or such property. If the resulting contact is caused without consent and with the specified intention, A uses criminal force.

Illustration (f) - Pulling a woman's veil: A intentionally pulls up a woman's veil. A thereby intentionally uses force to her. If the act is without her consent and A intends or knows it likely that he may injure, frighten or annoy her, the force is criminal force.

Illustration (g) - Boiling water: Z is bathing. A pours into the bath water which A knows to be boiling. By bodily power A causes motion in the boiling water that brings it into contact with Z, or with water so situated that the contact affects Z's sense of feeling. If done without consent with the required intention or knowledge, A uses criminal force.

Illustration (h) - Inciting a dog: A incites a dog to spring upon Z without Z's consent. If A intends to cause injury, fear or annoyance to Z, A uses criminal force to Z.

What the Illustrations Show

The illustrations demonstrate the breadth of the statutory concept. Force may be applied through bodily contact, by causing an object or substance to make contact, by altering a person's motion through a vehicle or conveyance, or by inducing an animal to move. Whether it becomes criminal force depends on the additional requirements stated in Section 350.

Related IPC Provisions

Section 350 formed part of the IPC provisions dealing with criminal force and assault. For the connected definitions and offences, see Section 349 - Force, Section 351 - Assault, Section 352 - Punishment for assault or criminal force, and the page covering Sections 353 to 358 IPC.

Frequently Asked Questions

What was criminal force under Section 350 IPC?

It was intentional use of force to another person without that person's consent, accompanied by one of the purposes, intentions or states of knowledge specified in Section 350.

Was physical injury essential in every case?

The text was not limited to intended physical injury. It expressly included intention to cause, or knowledge of likelihood of causing, "injury, fear or annoyance", in addition to use of force in order to commit an offence.

Could force be used without directly touching the person?

Yes. Read with Section 349 and the statutory illustrations, force could operate through a substance, an alteration of motion, or an animal. The illustrations involving a boat, horses, water, a stone and a dog demonstrate this.

What law replaced the IPC framework?

The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the commencement exception notified for Section 106(2). This page is deliberately focused on the IPC legal position before that transition.