Section 129 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 129 of the Bharatiya Nyaya Sanhita (BNS), 2023: Criminal Force
Section 129 of the BNS, 2023, defines the offense of "criminal force," aligning closely with the corresponding provision under the Indian Penal Code (IPC).
📜 Text of Section 129
Section 129: Criminal Force
Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
🔍 Key Elements
Intentional Use of Force: The act must be deliberate, not accidental.
Without Consent: The force is applied without the consent of the person affected.
Purpose: The force is used to commit an offense or with the intention or knowledge that it will likely cause injury, fear, or annoyance to the person.
🧭 Illustrations
The BNS provides several examples to clarify what constitutes criminal force:
(a) Unfastening the moorings of a boat to cause it to drift, thereby intentionally causing motion to a person sitting in it
(b) Lashing the horses of a chariot to quicken their pace, thus affecting the person riding in it.
(c) Seizing the pole of a palanquin to stop its motion, affecting the person inside.
(d) Intentionally pushing against someone in the street.
(e) Throwing a stone intending it to strike a person or their belongings.
(f) Intentionally pulling a woman's veil.(
(g) Pouring boiling water into a bath where someone is bathing.(
(h) Inciting a dog to spring upon someone.
These examples illustrate various scenarios where intentional force is applied to another person without consent, potentially causing harm, fear, or annoyance.
⚖️ Comparison with IPC
Section 129 of the BNS is analogous to Section 350 of the Indian Penal Code (IPC), which also defines criminal force. Both provisions emphasize the intentional application of force without consent, with the purpose of committing an offense or causing harm, fear, or annoyance. The BNS provision aligns with the IPC, ensuring consistency in the legal framework.
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