BNS Section 128: Force

Definition of BNS Section 128

Section 128 of the BNS 2023 States:

A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes 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 with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling:

Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following three ways, namely:––
(a) by his own bodily power;
(b) by 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;
(c) by inducing any animal to move, to change its motion, or to cease to move.

Explanation and Illustration of BNS Section 128

This section extends beyond physical contact, encompassing scenarios where force is applied through substances or animals. It recognises three distinct methods of applying force: through bodily power, by manipulating substances in a way that causes motion without further action, or by inducing animals to act in a way that affects another person.

Section 128 is essential for understanding how force is interpreted in legal contexts, ensuring that actions that alter a person’s movement or sensory experience are appropriately addressed in legal proceedings.

Illustration:
A is suspected of theft by his neighbor, B. To get A to confess, B physically assaults him and threatens him with further violence unless A admits to the theft or returns the stolen goods. In this case, B can be charged under Section 128 for causing hurt to extort a confession or property.

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