Section 129 of BNS 2023: Understanding Criminal Force and Assault

Overview

Section 129 of BNS 2023 defines the use of criminal force and outlines various scenarios in which such force is applied without the consent of the victim, intending to commit an offense or cause injury, fear, or annoyance.

Punishment

The specific punishments for offenses under Section 129 are detailed in subsequent sections of BNS. Generally, they involve imprisonment, fines, or both, depending on the severity and intent of the criminal force used.

Key Elements

• Intention: The force must be used intentionally without the victim's consent.
• Purpose: The force is used to commit an offense or to cause injury, fear, or annoyance.
• Methods of Applying Force:
  • Direct Bodily Power: Using one's physical strength.
  • Disposition of Substance: Manipulating substances to cause motion or cessation of motion.
  • Inducing Animal Movement: Provoking an animal to apply force.

Examples

1. Drifting Boat: A person unfastens the moorings of a boat causing it to drift, thus using force indirectly on a person in the boat.
2. Lashing Horses: A person lashes the horses of a chariot, causing them to change motion and thus applying force to the rider.
3. Stopping a Palanquin: A person stops a palanquin by seizing its pole, causing cessation of motion and applying force to the occupant.
4. Pushing in the Street: A person intentionally pushes another in the street, using direct bodily power.
5. Throwing a Stone: A person throws a stone that contacts someone or their belongings, thus using force indirectly.
6. Pulling a Veil: A person pulls up a woman's veil, applying force directly to her.
7. Pouring Boiling Water: A person pours boiling water into a bath where someone is bathing, causing motion that affects the bather.
8. Inciting a Dog: A person incites a dog to attack someone, using force through the animal.

Historical Context

Criminal force and assault laws have evolved from common law traditions aimed at protecting individuals from physical harm and threats. The Indian Penal Code (IPC) laid the groundwork for these offenses, which have been updated in BNS 2023 to reflect modern societal norms and challenges.

Legislative Intent

The legislative intent behind Section 129 of BNS 2023 is to clearly define and penalize the use of criminal force, ensuring the protection of individuals from harm and intimidation. By specifying various scenarios and methods of applying force, the law aims to cover a wide range of potential offenses, promoting justice and deterring wrongful acts.

Conclusion

Section 129 of BNS 2023 is crucial for addressing the offenses of criminal force and assault. It provides clear definitions and examples of how force can be applied without consent to commit an offense or cause harm, ensuring justice and protecting personal safety.