Section 128 BNS 2023 outlines the concept of "force" in criminal law. According to Section 128 of Bharatiya Nyaya Sanhita, a person is said to use force when they intentionally cause motion, a change in motion, or a stop in motion, either directly to another person or through an object, in such a way that the object comes into contact with the person’s body, attire, or something they are carrying. This definition serves as the basis for interpreting more serious offences like criminal force and assault. Explore other important Judiciary Notes.

Section 128 BNS: Force

A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following three ways, namely:–– 

 (a) by his own bodily power; 

 (b) by disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person; 

 (c) by inducing any animal to move, to change its motion, or to cease to move

Note: “The information provided under Section 128 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.”

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Section 128 of Bharatiya Nyaya Sanhita (BNS) 2023 defines "force" broadly, covering not only direct physical actions that cause a person to move, change their motion, or stop moving, but also extends to situations where these effects are brought about on any substance that then comes into contact with the person's body, clothing, or belongings. This use of force under Section 128 BNS can occur through one's own bodily power, by setting a substance in motion without further intervention, or by inducing an animal to move, change its motion, or stop, ultimately affecting another individual. Therefore, any action that results in the motion, alteration of motion, or cessation of motion of a person or something in contact with them, through direct physical means, the manipulation of objects, or the influence of animals, constitutes the use of force under section 128 of the BNS.

Section 128 BNS Essential Elements

For an offence to be punishable under Section 128 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

1. Intentional Act

The first and foremost requirement under Section 128 BNS is that the act must be done intentionally. This means the person must have voluntarily committed the act with knowledge and purpose. Accidental or involuntary acts do not amount to force. 

2. Contact or Motion

Force, as defined under Section 128 of the BNS, involves either physical contact with the person or motion affecting the body. This could be as direct as hitting or touching someone or as subtle as nudging or pushing. What matters is that the action causes movement of the body or any part of it or results in physical contact. Even if there is no harm or injury, the act qualifies as a force if it creates some form of physical connection with the individual.

3. Direct or Indirect Application of Force

The law under Section 128 BNS recognizes that force can be applied either directly or indirectly. Direct force involves physical contact made by the person such as slapping, shoving, or grabbing. Indirect force includes situations where an object, animal, or another person is used to cause contact or motion

4. Impact on Body, Clothing, or Possessions

Force under Section 128 of BNS includes contact not only with a person’s body but also with anything they are wearing, holding, or carrying. Items like bags, clothes, or even personal objects in physical contact with the individual fall within this scope. 

Section 128 BNS essentially retains the core of Section 349 of the Indian Penal Code, with no changes being done in the punishment or in the main definition, only the numbering of the clauses is changed from firstly, secondly and thirdly to ‘a’, ‘b’ and ‘c’:

Section 128 BNS Judicial Interpretation

Judicial interpretation of Section 128 BNS by Indian courts has been an outlining factor in determining the ambit of section 128 of BNS, mentioned hereinafter are some of the landmark judgments :

•  Lakshman Singh vs State Of Bihar (Now Jharkhand) 2021

In this case the Supreme Court's decision highlighted the application of Section 349 of the Indian Penal Code (IPC) now Section 128 BNS, which defines "force." The Court reiterated that "force" is used when a person "causes motion, change of motion, or cessation of motion to that other." This definition was crucial in establishing the charge of rioting, as it confirmed that even a slight application of force by any member of an unlawful assembly, in furtherance of a common object, is sufficient to constitute the offence of rioting, making every member of that assembly guilty.

• The State of U.P. vs Chandrapal Singh and Ors. 1967

In this case the Allahabad High Court, in its discussion regarding rioting as an offence, explicitly delved into the definition of "force" as provided in Section 349 IPC now Section 128 of BNS. The judgment emphasizes that force is applied when a person causes "motion, change of motion, or cessation of motion" to another, or to a substance that affects another's body or senses. The Court then clearly stated that for the offence of rioting, "the mere use of force or violence would constitute the offence of rioting," and this force "even though it be of the slightest possible character by any one of an assembly once established as unlawful constitutes rioting."

Conclusion

Section 128 BNS continues the principles of Section 349 of IPC, and acts as the defining law for offences like assault and criminal force. It provides a broad and inclusive definition that goes beyond just physical violence, covering all intentional acts that bring about contact with another person.