BNS Section 129: Criminal Force
Section 129 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It defines 'criminal force,' focusing on the intentional use of force against another person without their consent, intending to cause harm, fear, or annoyance.
Definition of BNS Section 129
Section 129 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 129
This section encompasses actions that go beyond mere application of force, requiring a deliberate objective to violate personal autonomy or disrupt peace. Section 129 is pivotal in distinguishing general force from criminal force, ensuring legal accountability for actions that are purposeful and malicious, thereby safeguarding individual rights and public safety.
Illustrations:
(a) Z is sitting in a boat anchored in a river. A unfastens the moorings, causing the boat to drift. By setting the boat in motion without further action, A intentionally applies force to Z. If this occurs without Z's consent and with the intention or likelihood of causing injury, fear, or annoyance, A has used criminal force to Z.
(b) Z is riding in a chariot. A lashes the horses, speeding them up. Here, A causes a change in motion to Z by directing the animals. If done without Z's consent and with the intention or knowledge of likely harm, A has used criminal force to Z.
(c) Z is in a palanquin when A, intending to rob Z, halts it by seizing the pole. A causes cessation of motion by using his physical strength. If A acts without Z's consent and with intent to commit a crime, this constitutes criminal force.
(d) A intentionally pushes Z in the street. By moving his own body into contact with Z, A causes force. If this is done without consent, and with intent to harm, frighten, or annoy, A has committed criminal force.
(e) A throws a stone, intending it to hit Z or their belongings. The stone's impact with Z or their property is an act of force. If A does this without consent and with the intent to harm or disturb Z, criminal force has been used.
(f) A intentionally pulls a woman's veil. This action is force, and if done without her consent and with the intention or knowledge of harm, fear, or annoyance, it constitutes criminal force.
(g) A pours boiling water into Z’s bath. The boiling water causes contact with Z’s body, affecting their sense of feeling. If done without consent and intending harm or annoyance, A has used criminal force.
(h) A provokes a dog to attack Z without consent. If A aims to harm, frighten, or annoy Z, the action constitutes criminal force.
Key Points in Section 129
A person is said to use criminal force when they deliberately apply force to another individual without the latter's consent. This act is considered an offense due to the violation of the individual's personal autonomy.
- Criminal force is when force is applied intentionally to another person without their consent, with the intent to commit an offense or cause injury, fear, or annoyance
- The force must be applied with the specific intention to commit a crime or to cause harm, fear, or annoyance, or knowing that it will likely cause such consequences
- The force is criminal if it is used without the person’s consent, infringing on their personal autonomy.
- Section 129 differentiates criminal force from general force by focusing on intentional, malicious actions.
- The section aims to protect individual rights and ensure legal accountability for harmful or malicious actions.
Differences Between Section 129 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 129 of BNS and its equivalent IPC section 350 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 129 | Criminal force. | 350 | No change. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 129 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 129 of the Bharatiya Nyaya Sanhita (BNS)?
Section 129 of the BNS defines criminal force as the intentional use of force against another person without their consent, with the purpose of committing an offense or causing injury, fear, or annoyance
What actions are considered criminal force under Section 129?
Criminal force can include pushing, throwing objects, inciting animals, or manipulating substances to make contact with another person without consent, with the intent to cause harm, fear, or annoyance
What must be proven for someone to be guilty of using criminal force?
It must be proven that the force was applied intentionally, without the victim’s consent, and with the purpose or knowledge that it could cause injury, fear, or annoyance
Can criminal force be applied indirectly?
Yes, criminal force can also be applied indirectly, such as by causing objects or animals to affect the person, leading to unwanted contact or harm
What is the significance of 'without consent' in this section?
'Without consent' is a critical element; it emphasises the violation of an individual's autonomy and the unlawful imposition of force without their agreement
What does it mean for force to be used 'to commit an offense'?
This refers to situations where the force is used deliberately as part of an illegal act, such as robbery, assault, or harassment
What kinds of harm can criminal force cause under this section?
Criminal force can result in physical injury, emotional distress, fear, or annoyance. These are the main effects intended or known to be likely by the person using force.
