Section 128: Force

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
All Criminal Courts
Non-Applicable
Non-Applicable
Formerly Sec 349 IPC

Legal Commentary & Landmark Judgments: Section 128

Section 128 provides the statutory definition of 'Force', establishing that a person causes force to another if they cause motion, change of motion, or cessation of motion, or cause any substance to come into contact with any part of another's body or clothing.

  • Physical Dynamics of Force: Encompasses causing motion, change of motion, or cessation of motion to another person.
  • Three Causation Modes: Force may be caused: (1) By the actor's own bodily power, (2) By disposing any substance so that motion takes place without further voluntary act, or (3) By inducing any animal to move.
  • Foundational Mechanical Concept: Defines the physical actus reus before evaluating criminal intent under Section 129.
Key Landmark Precedents:
  • State of Punjab v. Major Singh (AIR 1967 SC 63): Examined the physical concepts of force and assault under penal provisions, affirming that any physical touch or application of substance constitutes force.
  • Rupan Deol Bajaj v. K.P.S. Gill (1995) 6 SCC 194: Affirmed that physical contact inflicted upon a person's body or clothing without consent satisfies the definition of force.
Courtroom Practice & Strategic Litigation Guidance:

Remember that 'force' alone is not a crime; it is a physical definition under Section 128 BNS. It becomes criminal force only when coupled with the absence of consent and the specific mens rea defined in Section 129 BNS.