Understanding Assault and Criminal Force under the Bharatiya Nyaya Sanhita, 2023: Know the Legal Difference
By Advocate Avichal Pandey, Advocate, Allahabad High Court
Many people use the terms assault and criminal force interchangeably. However, under the Bharatiya Nyaya Sanhita, 2023 (BNS), these are two distinct offences with different legal ingredients. While both relate to unlawful conduct against another person, the law treats them differently depending on whether there is merely a threat of violence or actual physical force.
Understanding this distinction is important because it affects the nature of the offence, the evidence required, and the legal consequences.
What is Criminal Force? – Section 129 of the Bharatiya Nyaya Sanhita, 2023
Section 129 of the Bharatiya Nyaya Sanhita defines criminal force as the intentional use of force against another person without that person's consent, with the intention of committing an offence, or with the knowledge that such force is likely to cause injury, fear, or annoyance.
In simple words, criminal force involves actual physical contact or application of force.
For example:-
●Pushing a person during an argument.
●Slapping or punching someone.
●Pulling another person's hand or clothing against their will.
●Throwing an object that hits another person.
The essence of criminal force is that physical force has actually been used.
What is Assault? – Section 130 of the Bharatiya Nyaya Sanhita, 2023
Section 130 defines assault as any gesture or preparation made with the intention or knowledge that it is likely to cause another person to apprehend that criminal force is about to be used against them.
Unlike criminal force, assault does not require physical contact.
The offence is complete if the victim reasonably believes that immediate unlawful force is about to be used.
Examples include:-
●Raising a fist to strike someone.
●Pointing a stick or weapon in a threatening manner.
●Pretending to attack with the intention of creating fear.
●Making a sudden aggressive movement that causes immediate apprehension of violence.
Thus, assault is essentially the creation of fear of imminent physical force, even if no injury actually occurs.
The Fundamental Difference
The primary distinction can be understood in one sentence:-
●Assault is the threat or apprehension of unlawful force.
●Criminal force is the actual application of unlawful physical force.
If A raises his hand intending to frighten B into believing that he is about to be hit, it may amount to assault.
If A actually strikes or pushes B, it becomes criminal force.
Therefore, criminal force generally involves assault followed by actual physical contact, although every assault does not necessarily become criminal force.
Essential Ingredients
Criminal Force (Section 129):-
●There must be intentional use of force.
●The force must be used without consent.
●The act must be intended to commit an offence or to cause injury, fear, or annoyance.
Assault (Section 130):-
●There must be a gesture or preparation.
●The accused must intend or know that it will create apprehension.
●The victim must reasonably fear immediate use of criminal force.
●No physical contact is necessary.
Practical Examples:-
Consider the following situations:
Situation 1: During an argument, a person raises his fist and threatens to hit another person but does not touch him. This may amount to assault.
Situation 2: The same person actually pushes the other individual. This constitutes criminal force.
Situation 3: A person swings a stick intending to frighten another, who believes he is about to be struck. Even if the stick does not make contact, the act may amount to assault.
Situation 4: Throwing water, pulling someone's chair, or snatching an object from a person's hand using force may also amount to criminal force depending upon the facts and intention.
Why the Distinction Matters
The distinction between assault and criminal force is not merely academic. It has practical significance during criminal investigation and trial.
Courts examine:-
●Whether there was physical contact.
●Whether the victim experienced reasonable apprehension of immediate harm.
●The intention of the accused.
●The surrounding circumstances and available evidence.
These factors determine the appropriate legal provision to be invoked under the Bharatiya Nyaya Sanhita.
Judicial Perspective
Indian courts have consistently held that assault is an attempt or threat creating an immediate apprehension of violence, whereas criminal force involves the actual use of force without consent. The prosecution must establish the specific ingredients of the relevant offence before a conviction can be recorded.
Conclusion
The Bharatiya Nyaya Sanhita, 2023 clearly differentiates between assault and criminal force. While assault focuses on the fear of imminent unlawful force, criminal force concerns the actual application of such force. Understanding this distinction helps citizens recognise their legal rights and enables law enforcement agencies to correctly classify offences.
Whether a case involves assault, criminal force, or a more serious offence depends upon the facts, intention of the accused, and the evidence available. Therefore, obtaining timely legal advice is essential whenever such allegations arise.
About the Author
Avichal Pandey
Advocate
Allahabad High Court
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