Section 129 BNS: Criminal Force

Section 129 of the Bharatiya Nyaya Sanhita, 2023 (BNS) explains when intentional use of force becomes "criminal force". The provision builds on the definition of force in Section 128 BNS and adds requirements relating to intention, absence of consent, and the purpose or likely effect of the force used.

Current law: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except Section 106(2), came into force on 1 July 2024.

Meaning of Criminal Force under Section 129 BNS

A person uses criminal force when that person intentionally uses force to another person without that person's consent, either for committing an offence, or intending by that force to cause injury, fear or annoyance, or knowing that the force is likely to cause injury, fear or annoyance.

Essential Ingredients of Section 129

there must be "force" within the meaning of Section 128 BNS;
the force must be used intentionally;
the force must be used without the other person's consent; and
the force must be used either to commit an offence, or with the intention or knowledge specified in Section 129 concerning injury, fear or annoyance.

Important: Section 129 is primarily a definition provision. It explains when force becomes criminal force, but does not itself prescribe a standalone punishment. Punishment depends on the substantive BNS provision that criminalizes the particular use of criminal force.

Force vs Criminal Force: Section 128 and Section 129

Section 128 - Force	Defines the physical concept of force, including motion, change of motion or cessation of motion caused directly, through a substance, or by inducing an animal.
Section 129 - Criminal force	Adds intentional use, lack of consent, and the specified offence-related purpose, intention or knowledge concerning injury, fear or annoyance.

Statutory Illustrations under Section 129

Illustration (a) - Boat: A unfastens a moored boat in which Z is sitting, causing the boat and Z to drift. A thereby intentionally causes motion to Z through disposition of substances. If this is done without Z's consent for committing an offence, or with the required intention or knowledge concerning injury, fear or annoyance, A uses criminal force.

Illustration (b) - Chariot: A lashes the horses drawing Z's chariot so that they move faster. A thereby causes a change of motion to Z through the animals. If done without Z's consent and with the required intention or knowledge, it amounts to criminal force.

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

Illustration (d) - Pushing: A intentionally pushes against Z in the street. This is force caused by bodily power. If done without Z's consent and with the required intention or knowledge concerning injury, fear or annoyance, it is criminal force.

Illustration (e) - Throwing a stone: A throws a stone intending or knowing it likely that the stone, or water displaced by it, will come into contact with Z, Z's clothes or something carried by Z. If the required contact occurs and the act is without consent with the required intention, A uses criminal force.

Illustration (f) - Pulling a veil: A intentionally pulls up a woman's veil. If done without her consent and with the intention or knowledge that injury, fear or annoyance may be caused, A uses criminal force.

Illustration (g) - Boiling water: While Z is bathing, A pours in water that A knows to be boiling, bringing that water into contact with Z or with water so situated that Z's sense of feeling is affected. If done without consent and with the required intention or knowledge, A uses criminal force.

Illustration (h) - 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.

Why Consent Matters

Section 129 expressly requires that the intentional force be used without the other person's consent. Consent therefore forms part of the statutory definition and must be considered together with the nature of the force and the purpose, intention or knowledge accompanying it.

Injury, Fear or Annoyance

Criminal force does not depend only on actual physical injury. The provision also covers intentional force used with the intention of causing fear or annoyance, or with knowledge that injury, fear or annoyance is likely to result, provided the other statutory requirements are satisfied.

Related BNS Provisions

Official Legal Sources

For the authoritative statutory text and commencement information, refer to the official Government sources below.

India Code - Bharatiya Nyaya Sanhita, 2023 Ministry of Home Affairs - New Criminal Laws MHA - BNS Commencement Notification

This page provides general legal information. The applicability of criminal force in a particular case depends on the facts, evidence, substantive offence alleged, procedural law and judicial interpretation.