Criminal Force and Assault:

Everything important you should know

about
By Diva Rai - December 11, 2019

Image source - https://bit.ly/2LI5RJa

This article is written by Kartikeya Kaul, a first-year student pursuing

BA.LLB. from Symbiosis Law School, Noida. This is an exhaustive
article dealing with the Protection of Minorities under Company Law.

Table of Contents
 1. Introduction
2. Criminal Force
3. Force
4. Consent
5. Assault
6. Ingredients
6.1. Gesture or Preparation
6.2. Cause Apprehension of Assault
7. Difference between Assault, Criminal Force and Hurt
8. Punishment for Assault or Criminal Force
9. Aggravated Forms of Assault or Criminal Force
9.1. Assault or Criminal Force to Deter Public Servant
9.2. Assault or Criminal Force to Woman to Outrage her Modesty
9.3. Assault or Criminal Force with Intent to Disrobe a Woman
9.4. Assault with Intent to Dishonour a Person
9.5. Assault in Attempting Theft
9.6. Assault in Attempting Wrongful Confinement
10. Specific Acts Offending Decency of a Woman
11. Sexual Harassment
12. Voyeurism
13. Stalking
14. Conclusion
15. References

Introduction
In a country like India, we can always see in the news about crimes
regarding battery, assault, discharge etc, such crimes are very common
in our country and happen almost every single day, one may argue that
it happens hourly and because of this, people were facing a lot of
problems, the government had to step in and so they made certain
laws that ensured strict punishment to all those people who committed
such crime and thus it reduced to number of such crimes in our
country.

Criminal Force
When a person intentionally uses force on another person without that
person’s consent, in order to commit an offence and with the prior
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 comes under Section 350 of the Indian Penal Code.

Force
A person is said to be using “force” on another person when he causes
a change in motion, cessation of motion or a substantial change in
motion of another person, or brings a substance in contact with
another person’s body or it affects another person’s sense of feeling.
The term force in Section 349 is force used in connection with the
human body.

Consent
In criminal force, a person may use undue force on another person
without the consent of that person so as to cause harm to him. If there
is consent, it won’t be counted as criminal force.

Assault
When a gesture is made to any person, knowing that the person is
going to apprehend it as the person is going to use criminal force on
that person is known as assault. Mere words do not consist of an
assault. But a person may use certain gestures and expressions or
preparation, such gestures, expressions and preparations may amount
to assault. For example:
 X shakes his fist at Y, intending or knowing that may cause to believe
Y that X is about to strike Y. X has committed assault.

X loosens the muzzle of a ferocious dog knowing that the dog will
cause harm to Y. So, X has committed an assault upon Y.

A takes up a stick, says to Z, “I am going to beat you up”. Here,

although the words employed by A may in no case amount to a
direct assault, and although the mere gesture, unaccompanied by
the other circumstances, may not amount to an assault, the gesture
explained by the words might amount to an assault.

Ingredients
Gesture or Preparation
When a gesture or preparation is made from one person to another
person with the intention to use criminal force, it is said to commit
assault.

Cause Apprehension of Assault

Generally speaking, assault happens when someone causes harm to
other person’s body which may be usually followed by battery, as this
may include things like unlawful physical conduct, violence or unlawful
sexual contact. Though, all threats are not considered assault. Also, to
rise to the level of actionable offence, the plaintiff may file the suit:

The act was intended to cause apprehension of harm or offensive

contact;

The act caused apprehension in the eyes of the victim that he would
be harmed by the other person’s actions.

Difference between Assault, Criminal

Force and Hurt
When a person intentionally uses force on another person without that
person’s consent, in order to commit an offence and with the prior
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 comes under Section 350 of the Indian Penal Code
whereas assault is when a gesture is made to any person, knowing that
the person is going to apprehend it as the person is going to use
criminal force on that person is known as assault and whoever causes
bodily pain, disease or infirmity to another person is known as hurt. It
is defined in Section 319 of the Indian Penal Code.

Punishment for Assault or Criminal

Force
When someone assaults or uses Criminal force another person based
on sudden and grave provocation by another person, he may be
sentenced to prison time of a term which may be extended for a term
of three months or a fine of up to INR 500, or both. It is defined under
Section 352 of the Indian Penal Code.
 Click Above

Aggravated Forms of Assault or Criminal

Force
Aggravated forms of assault or use of criminal force includes
aggravating elements that consist of the intention to outrage the
modesty of a woman and he has the knowledge that will outrage his
modesty. It comes under Section 354 of the Indian Penal Code.

Assault or Criminal Force to Deter Public

Servant
Assault or criminal force on another person to discharge him from duty,
this comes under Section 353 of the Indian Penal Code. Whoever
assaults any public servant when he is in the course of his or her duty,
or with the intent of deterring the person of his duty, the person shall
be imprisoned for a term which may be extended for up to 2 years, or
a fine, or both.

Assault or Criminal Force to Woman to

Outrage her Modesty
A person who assaults another woman, intending to outrage her and
thus likely to outrage her modesty, shall be punishable under this act
under Section 354 of the Indian Penal Code. It consists of assault or
use of criminal force, mere knowledge is also sufficient without any
deliberate intention.

Assault or Criminal Force with Intent to

Disrobe a Woman
Any man who assaults or uses criminal force on another woman abets
such act with the intention of disrobing or compelling her to be naked,
shall be punished with the sentence of the term of 3 years minimum
with the sentence also extending to seven years and also shall be liable
to a fine. This comes under Section 354B of the Indian constitution.

Assault with Intent to Dishonour a Person

Whoever assaults or uses criminal force on that person, hereby
intending to dishonour that person, otherwise on grave and sudden
provocation given by that person, shall be imprisoned for two years or
be fined, or both. This comes under Section 355 under the Indian Penal
code.

Assault in Attempting Theft

Whoever assaults or uses criminal force to another person to commit to
attempt theft on any person that he is wearing or he owns, shall be
punished for a term which may extend to 2 years, or a fine, or both.
This comes under Section 356 of the Indian Penal Code.

Assault in Attempting Wrongful ConInement

Any person who assaults or uses criminal force on another person with
the intention to wrongfully confine another person, shall be imprisoned
for a period of one year or be fined Rs. 1000 or both. This comes under
Section 357 of the Indian Penal Code.

SpeciIc Acts Offending Decency of a

Woman
There are specific acts which offend the modesty and decency of a
woman. Whoever, intending to insult the modesty of any woman, utters
any word, says something bad, makes any sound or gesture, such an
action may be seen by the woman, and in order to protect her privacy,
shall be punished with imprisonment for a term which may simply be
for a year, or a fine, or with both.

Sexual Harassment
A man committing any of the following acts:

Physical contact and advances involving unwelcome and specific

sexual overtures.

A demand or request for sexual favours.

Showing porno against the desire of a woman.

Making sexually coloured remarks shall be guilty of the offence of

sexual harassment.

Any man that commits the offence laid out in clause (i) or clause (ii) or
clause (iii) of sub-section (1) shall be penalised with rigorous
imprisonment for a term which can extend to 3 years, or with fine, or
with both of these.

Any man that commits the offence laid out in clause (iv) of sub-section
(1) shall be penalised with imprisonment of either description for a
term which can be one year or with fine, or with both. This comes
under Section 354A of the Indian Penal code.
Voyeurism
Any man that watches, or captures the image of a lady participating in
an exceedingly personal act in circumstances wherever she would
typically have the expectation of not being discovered either by the
culprit or by the other person at the dictation of the culprit or
disseminates such image shall be penalized on initial conviction with
imprisonment of either description for a term that shall not be but one
year, however, it may add up to 3 years, and shall even be at risk of a
fine, and be penalized on a second or subsequent conviction, with
imprisonment of either description for a term which shall not be but 3
years, however, which can add up to seven years, and shall be liable to
fine.

Explanation: For the aim of this section, “private act” includes an act of
observation allotted in a place that, within the circumstances, would
fairly be expected to produce privacy and where the victim’s private
parts, posterior or breasts are exposed or covered solely in underwear;
or the victim is employing a lavatory, or the victim is doing a sexual act
that is not of a form unremarkably done in public.

Where the victim consents to the capture of the pictures or any act,
however not to their dissemination to third persons and wherever such
image or act is disseminated, such dissemination shall be thought of an
offence under this section. This comes under Section 354C of the
Indian Penal Code.

Stalking
In the groundswell of support for exploited women, the one common
experience most girls have undergone has been that of stalking. Before
the advent of the internet age, the offence was not even recognized in
the statute. Social media platforms like Facebook, Twitter, etc. have
given stalkers a replacement weapon to victimize girls and harass them
online. The recognition of stalking as an offence was a slow and
gradual method that finally got introduced within the statute once the
2013 criminal law amendment. The Indian Penal Code, 1860, being a
colonial law, did not contemplate stalking as an offence at all.

The only protection to girls was under Section 354 for harassment and
Section 509 of IPC for victimization words or gestures to insult the
modesty of a lady. Under Section 354 of the IPC, whoever assaults a
woman knowing that it would outrage her modesty is liable to be
punished under the law. The essence of a woman’s modesty is her sex.

The ultimate check to be seen if the lady’s modesty is incensed is to

examine if the act or assault would be enough to stun the sense of
decency of a woman. The law makes it punishable providing 3
ingredients are met- i.e, the assault should be on a lady, the suspect
should have used criminal force and that it should outrage her
modesty. This comes under Section 354D of the Indian Penal Code.

Conclusion
Assault is basically the apprehension that the other person is going to
get hurt. It is done to another person with the use of criminal force
with the ill will to harm the other person. People face a lot of problems
because of this, especially women. So, it was inevitable that strict laws
regarding Assault and Criminal force had to be put in place and be
implemented properly so that every person is protected by the law. Any
person who assaults any other person by using criminal force, he may
be punished or fined, or both, according to the Indian Penal Code.

References
 http://devgan.in/ipc/chapter_16.php#s351

http://vikaspedia.in/social-welfare/social-awareness/legal-
awareness/law-on-outraging-modesty-sexual-harassment-and-
stalking-of-women

https://indiankanoon.org/doc/1569253/

https://barandbench.com/me-too-law-protects-you-stalking/

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