IPC Section 349
📜 Text of Section 349, Indian Penal Code (IPC)
"Force"
“Whoever intentionally puts another person in fear of any injury to that person, or to any other, is said to use force to that other.”
🧠 Explanation
Section 349 defines the term "force" in the context of criminal law under the IPC.
🔍 Key Points
What is Force?
Force is not just physical violence or harm.
According to Section 349, force includes intentionally putting someone in fear of injury.
Injury here means harm to person or to property of the person or someone else.
Mental Element: Intention
The act of putting someone in fear must be intentional.
Accidental or unintentional fear does not amount to “force”.
Types of Injury Included
Injury could be:
Physical harm to a person.
Harm to property.
Harm to reputation or other legally protected interests.
Significance
This definition is important because many offenses under IPC require the use of "force" or "criminal force".
The concept extends beyond physical contact — mere threat or causing fear can be “force”.
⚖️ Legal Implications
This section is a definition section that helps in understanding and interpreting various other sections of IPC where “force” is an essential element.
For example:
Section 350 (criminal force)
Section 351 (assault)
Section 375 (rape, where force or threat of force is relevant)
Courts have held that the fear of injury is sufficient to amount to force.
🧩 Summary Table
| Element | Explanation |
|---|---|
| Force means | Intentionally putting a person in fear of injury |
| Type of injury | To person or to another person |
| Mental element | Intentional act |
| Purpose | To clarify meaning of “force” in IPC |
🔎 Example
If A threatens B by saying “I will hit you,” and B fears getting hurt, A is said to have used force under Section 349, even if no physical contact occurs.
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