Indian Penal Code, 1860
Section 349
repealedForce
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;
Why this exists
This is a foundational definition used throughout the assault and criminal force provisions that follow. By precisely defining 'force' in terms of causing motion or contact that can be felt, the law creates a clear technical basis for identifying when physical force has occurred, even without violence in the everyday sense.
How courts read it
Courts have applied this definition broadly, recognising that even indirect force, such as causing an object or substance to touch someone in a way they can feel, counts as using force, not just direct physical blows.
Common misconceptions
- Myth: Using force always means physically striking someone.
Fact: Under this definition, force includes causing any motion, even indirect, like water, an object, or dust, that touches a person or something they are wearing or carrying, in a way they can feel.