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Criminal Force and Assault

By Editorial Team

Criminal Force and Assault are two distinct offences that deal with using physical force or violence against another person and are specified by the Indian Penal Code (IPC). Sections 350 and 351, respectively, of the IPC define each of these offences.

Criminal Force

According to Section 350 of the IPC, using force against another person in a way that is known or intended to cause that person damage, fear, or irritation is considered criminal force.

The offence of criminal force is a minor offence.

Punishment of Criminal Force

Punishment: Imprisonment for a term that may extend to three months, or with a fine that may extend to Rs. 500, or both.

Essential Elements of Criminal Force

  1. There must be the use of force against another person.
  2. The force must be used in a manner that is intended or is known to cause injury, fear, or annoyance to that person.
  3. The use of force must be without lawful justification.

Assault

Likewise, assault is defined by Section 351 of the IPC as the act of making a person suspect that unlawful force would be used against them.

Punishment of Assault

Punishment: Imprisonment for a term that may extend to three years, to imprisonment for a term that may extend to seven years, along with a fine.

Essential Elements of Assault

  1. There must be an act that causes a person to apprehend the use of criminal force against him or her.
  2. The act must be done with the intention of causing the person to apprehend the use of criminal force, or with the knowledge that such apprehension is likely to be caused.
  3. The act must be without lawful justification.

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