Section 129 of the Bharatiya Nyaya Sanhita (BNS) defines "criminal force" as the intentional use of force against another person without that person's consent, carried out with the intention of committing an offence, or with the intention to cause injury, fear, or annoyance to the person. Section 129 BNS introduces two main elements, one being the deliberate application of force by the accused and the other being the absence of the victim's consent. The mere use of force does not constitute criminal force unless it is coupled with unlawful intention and a lack of permission from the affected person. Explore other important Judiciary Notes.

Section 129 BNS: 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. 

Illustrations. 

(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. 

(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and ifA has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z,A has used criminal force to Z. 

(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an offence. A has used criminal force to Z. 

(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z. 

(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z, and if he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z. 

(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. 

(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force. 

(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.

Note: “The information provided under Section 129 BNS has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Download Free PDF on Section 129 BNS 2023 PDF

Section 129 of Bharatiya Nyaya Sanhita (BNS) 2023 defines "criminal force" as the intentional use of force against another person without their consent, with the objective of committing an offence or causing injury, fear, or annoyance. Criminal force under Section 129 BNS involves a deliberate act where one person physically engages with another either by touch, push, hit, or even by using an object or medium to make contact without that person's permission. A force becomes "criminal" not just in the absence of consent but also in the intention or knowledge of likely consequences. The person using the force under Section 129 of BNS must either intend to commit a wrongful act (like theft or assault) or aim to cause, or be aware that they are likely to cause physical harm, mental distress, or irritation. 

Section 129 BNS Essential Elements

For an offence to be punishable under Section 129 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

1. Intentional Use of Force

The person must intentionally apply physical force to the victim. This force can be direct (e.g., hitting, pushing) or indirect (e.g., throwing an object). The use of force must not be unintentional.

2. Lack of Consent

The force must be used without the consent or approval of the victim. If someone willingly allows another such application of force, it does not count as criminal force. Consent acts as a determinative factor in deciding whether an act can be considered as an offence under Section 129 BNS.

3. Intention Behind the Force

The section focuses on the intention or knowledge of the person using the force. It becomes criminal force when any of the following intentions or outcomes are present:

• The force is used to commit an offence (e.g., theft, kidnapping, assault).
• The person intends to cause injury, fear, or annoyance to the other person.
• The person knows that their use of force is likely to cause injury, fear, or annoyance.

Section 129 BNS essentially retains the core of Section 350 of the Indian Penal Code, with no changes being done in the illustrations or in the main definition:

Section 129 BNS Judicial Interpretation

Judicial interpretation of Section 129 BNS by Indian courts has been an outlining factor in determining the ambit of section 129 of BNS, mentioned hereinafter are some of the landmark judgments :

• Saji vs. State of Kerala 2012

The Kerala High Court, in this case, discussed Section 350 IPC (Criminal Force), now Section 129 BNS, in the context of an accused snatching a ballot box from a polling officer during an election. The Court rejected the argument that because the officer was not physically holding the box, no criminal force was used against him. Relying on the definitions of "criminal force" (Section 350 IPC), now Section 129 of BNS, particularly Illustration (a), the High Court reasoned that intentionally causing "motion, change of motion, or cessation of motion" to a substance (the ballot box) that affects a person amounts to using force. Since the snatching of the ballot box prevented the officer from discharging his official duty, the Court concluded that the petitioner's act, even without direct physical contact with the officer, constituted the use of criminal force against him under Section 350 IPC, now Section 129 of BNS, thereby attracting an offense under Section 353 IPC (assault or criminal force to deter a public servant from discharge of his duty) now Section 132 BNS.

• Mr Satish vs the State of Karnataka 2022

In this case, the Karnataka High Court quashed an FIR filed against the petitioner after closely analyzing the applicability of Section 353 of the IPC, now Section 132 BNS, which pertains to assault or criminal force to deter a public servant from discharging their duty. The Court gave careful consideration to the meaning of "criminal force" under Section 350 IPC, now Section 129 BNS, emphasizing its essential requirement of intentional use of force without consent, accompanied by an intent to cause injury, fear, or annoyance, or for the purpose of committing an offense. Upon evaluating the allegations made by the respondent, the Court noted that the accusations, consisting mainly of social media posts, threats of transfer, and demands regarding official responsibilities, did not fulfill the necessary ingredients of either criminal force or assault as laid down in Sections 350 and 351 IPC, now Section 129 and 130 of BNS respectively.

Conclusion

Section 129 BNS deals with Criminal Force which involves using physical force intentionally, without consent, and with a wrongful purpose, such as committing a crime or causing harm. It's not just about the act of touching or moving someone, it's about the intention with which it is done and whether the other person consented to it. Section 129 of BNS helps protect individuals from unwanted and harmful physical harm.