Section 128 of BNS 2023: Offenses of Criminal Force and Assault
Overview
Section 128 of BNS 2023 defines and addresses the offenses of criminal force and assault. It elaborates on the conditions under which force is considered criminal and outlines the various ways such force can be applied.
Punishment
The punishment for offenses under Section 128 is determined based on the specific circumstances and severity of the criminal force or assault. However, detailed punishments are outlined in subsequent sections of BNS.
Key Elements
- Criminal Force: Using force against another person with the intent to cause harm, fear, or annoyance.
- Assault: An act that creates apprehension in another person of immediate harm.
- Methods of Applying Force:
- Bodily Power: Using one’s physical strength to apply force.
- Disposition of Substance: Placing a substance in a way that causes motion or cessation of motion without further intervention.
- Inducing Animal Movement: Causing an animal to move, change its motion, or stop moving, leading to contact with another person.
Examples
- Using Bodily Power: A person shoves another, causing them to fall. This direct use of physical strength constitutes criminal force.
- Disposition of Substance: A person places a slippery substance on the floor, causing someone to slip and fall. The force applied indirectly through the substance is criminal.
- Inducing Animal Movement: A person provokes a dog to chase someone, causing them to fall or get injured. This indirect application of force through the animal is also considered criminal force.
Historical Context
The concept of criminal force and assault has its origins in common law, aimed at protecting individuals from physical harm and threats. The Indian Penal Code (IPC) provided a foundational framework, which has been modernized and refined in BNS 2023 to address contemporary issues related to physical safety and personal security.
Legislative Intent
The legislative intent behind Section 128 of BNS 2023 is to clearly define and penalize acts of criminal force and assault, ensuring the protection of individuals from physical harm and threats. By specifying the methods of applying force, the law aims to cover a broad range of scenarios, promoting justice and deterring wrongful acts.
Conclusion
Section 128 of BNS 2023 is a crucial provision that addresses the offenses of criminal force and assault. By defining the various ways in which force can be applied and establishing clear guidelines for punishment, it ensures the protection of individuals and promotes a safer society.