IPC Section 348
IPC Section 349: Force
⚖️ Legal Text of Section 349:
Section 349:
Force —
Whoever intentionally uses force to any person, without that person’s consent, in order to:commit an offense, or
to induce that person or any other person to do or omit to do any act which he is legally entitled to do or omit,
is said to use force to that other.
🧾 Explanation:
Section 349 defines the term “force” as used in the Indian Penal Code.
It explains when an act amounts to using force on another person.
The definition is important because many crimes require the use of force (e.g., assault, robbery).
✅ Key Points:
Intentional Use of Force:
The force must be applied intentionally — accidental or negligent force does not qualify.
Without Consent:
The force must be used without the consent of the person on whom it is used.
If the person consents, it is not “force” legally.
Purpose:
The force is used:
To commit an offense (for example, using force to commit theft or assault).
To induce a person (or another person) to do something they have the legal right to do or omit.
Meaning of “Force”:
It is the use of physical power against a person.
Force can be direct (e.g., hitting, pushing) or indirect (e.g., preventing someone from moving by blocking the way).
👮♂️ Why is this Important?
Many sections of the IPC, such as those on assault, robbery, wrongful restraint, and criminal force, hinge on this definition.
Understanding Section 349 helps clarify when physical power or violence legally counts as “force.”
👩⚖️ Example:
If A pushes B forcibly to make B hand over his wallet, A uses “force” on B.
If A physically restrains B without B’s consent to prevent B from doing something lawful, A uses “force” on B.
Summary:
Force = intentional physical power without consent, used to commit an offense or to compel action or inaction legally allowed.
RELATED Blog
0 comments