Ananya Gosain
30 August 2021
When a person intentionally uses force on another person without that person’s consent, in order to commit an offense and without any intention of causing harm to that person in the form of injury, fear, or annoyance to whom the force is used, is said to use criminal force on the other person. It is described under Section 350 of the Indian Penal Code.
Assault on the other hand is a gesture made to any person, knowing that the person is going to apprehend it as the person is going to use criminal force.
Some of the important case laws related to criminal force and assault are as follows-
1) Chandrika Sao v. State of Bihar,1967-
FACTS- A commercial taxes official visited a shop as surprise visit to check the books of account. On finding out that the shop maintained two sets of books of accounts, he started checking both. While doing so, the appellant snatched the book. Official's peon was asked to take possession of the books. The fight occurred and the peon's shirt was torn.
JUDGEMENT- The lower court rejected the argument that is merely snatching the book away from the hands of the official, which he was in the official’s possession at that time, was not a use of force. The supreme court observed otherwise, saying that the snatching of books was capable of fulfilling the essence of section 349. The book which was in possession of the official was caused to have a motion or change in motion by mere snatching it; this affects a sensation of feeling to the official’s hands. Hence, it is considered as the use of force by the accused.
2) Dr. Rajkumar Satyabroth Pal v. State of Maharashtra- The facts of the case were the applicant used to call the complainant in the night and asked her either pay the college fees or maintain s*xual relations with him. He even used obscene language and call at odd times in the nights. The applicant paid 9000/- from her 15,000 fees, still he used to phone her at nights.
The applicant also argues that there is not a possible way in which he can use criminal force or assault as it requires force which is mentioned in 349 of Indian Penal Code but all the contact was made through SMS or telephone call, there is no possible way to use force.
Court held that seeing the facts it is clear that assault was committed, as assault cannot be just made by gestures or preparation, it can be through words too. The court did not hold the accused guilty on section 349 or 350.
Hope this helps.
Regards
