Law of Crimes – Criminal Force & Assault

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Before we understand criminal force and assault, we need to understand Force. In physics, Force means a push or a pull. Legally, too, force has similar connotation. A person is said to use force to another if he causes

  • motion, change of motion, or cessation of motion to that other, or

  • to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with

    • any part of that other’s body, or

    • anything which that other is wearing or carrying, or

    • anything so situated that such contact affects that other’s sense of feeling

  • Provided that he does so by

    • his own bodily power.

    • disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person.

    • inducing any animal to move, to change its motion, or to cease to move.

Criminal Force

Criminal force meansintentionally usingforce 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.

Essentials of Criminal Force

  • Use of Force

  • Intentionally

  • Without consent

  • In order to commit any offence or

  • Intention to cause or knowledge that it is likely to cause

    • injury,

    • fear or

    • annoyance to the person to whom the force is used

Illustrations

  1. 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 action on any person’s part. A has therefore intentionally used force to Z.

  2. Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z.

  3. Z is bathing. A pours boiling water into the bath. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact 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.

    If, in any of the above examples, the force is used without consent, and 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, the force used is criminal force.

  4. 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.

  5. 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.

  6. 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.

Assault

Assault is means show of criminal force rather than actual use of it. Assault is defined as making any gesture, or any preparation with intentionor knowledge thatit islikely 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.

Essentials of Assault

  • Gesture or Preparation

  • Intentional or with knowledge that it is likely

  • To raise apprehension of

  • Use of Criminal Forced

  • Mere words do not amount to an assault. But words accompanied with gestures or preparation may amount to an assault.

Illustrations

  1. A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.

  2. A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.

  3. A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault. The gesture explained by the words may amount to an assault.

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