Bharatiya Nyaya Sanhita, 2023
Section 128
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.
Why this exists
This definition comes almost word-for-word from Section 349 of the Indian Penal Code, 1860, drafted under Lord Macaulay's colonial-era code. The framers wanted a precise, physical test for 'force' so that offences like criminal force (Section 130 BNS) and assault could be applied consistently — force had to involve actual motion or contact, not just words or threats, and it had to be traceable to a human act (by body, by a set-up device, or by directing an animal).
How courts read it
Under the identical IPC provision (Section 349), Indian courts long held that force could be direct (a push, a slap) or indirect (throwing water, releasing an object, or setting an animal on someone), as long as it caused motion or contact traceable to a human agency. This reasoning is expected to continue under the BNS since the wording is unchanged, though no distinct BNS-specific judgments are noted here.
Common misconceptions
- Myth: Force only means physically touching someone with your hands.
Fact: The law also counts causing an object or animal to touch someone, like throwing something at them or setting a dog on them. - Myth: Shouting or threatening someone counts as 'force' under this section.
Fact: This section is about physical motion or contact, not words or threats — those are covered under separate provisions like criminal intimidation.