SVKMS NMIMS

SCHOOL OF LAW
A PROJECT SUBMITTED ON

OFFENCE OF CRIMINAL FORCE

IN COMPLIANCE TO THE PARTIAL FULFILLMENT OF THE MARKING SCHEME

FOR TRIMESTER V 2015-16, IN THE SUBJECT OF LAW OF CRIMES PAPER-I (IPC)
SUBMITTED TO FACULTY
Mr. SUNIL GEORGE FOR EVALUATION

SUBMITTED BY:-ABHISHEK SHUKLA

ROLL NO: - A035
COURSE: - B.A. LL.B. (Hons.)
DATE: - 25th October., TIME: - 3:00p.m
RECEIVED BY: - ..
ON DATE: - ..
TIME: - .

INDEX

SR.NO.

1.)

TOPICS

PG.NO

TABLE OF ABBREVIATIONS

TABLE OF CASES

ii

RESEARCH METHODOLOGY

iii

Relevance of the Topic

Objective of Study
Research Questions/Hypothesis
Limitation of Research

2.)

CHAPTER-1- INTRODUCTION

7-9

3.)

CHAPTER-2- LEGAL ANALYSIS

10-18

4.)

CHAPTER-3- ROLE OF JUDICIARCY

19-22

5.)

CHAPTER-4- COMPARITIVE STUDY

23-26

6.)

CHAPTER-5- CONCLUSION/SUGGESTIONS

27-29

7.)

BIBLIOGRAPHY

30

TABLE OF ABBREVIATIONS
2

1. Govt.- Government
2. AIR- All India Reporter
3. SC- Supreme Court
4. HC- High Court
5. UK- United Kingdom
6. U.P- Uttar Pradesh
7. US- United States
8. Sec.- Section
9. Art.- Article
10. Cl. Clause
11. IPC- Indian Penal Code
12. IEA- Indian Evidence Act
13. Dict.- Dictionary
14. CRLJ-Criminal Law Journal

TABLE OF AUTHORITIES

STATUTES:Indian Penal Code, 1860

Indian Evidence Act, 1872

Criminal Procedure Code, 1973

Criminal Code of Russian Federation
Sexual Offences Act, 2003
Penal Code of Singapore
Title 18 of the United States Code
CASE LAWS: 1.
2.
3.
4.
5.
6.
7.

Tarkeshwar Sahu vs. State of Bihar (now Jharkhand)

Gopal Singh (1913) 36 All 6
Raja v. State of Rajasthan
Rose vs. Kempthorne
State of Punjab vs. Major Singh
Rupan Deol Bajaj v K.P.S. Gill
Nuna v. Emperor

RESEARCH METHODOLOGY

RELEVANCE OF THE TOPIC

The project is purely based on the Offence of Criminal Force and it enlightens the reader about
the concept of Force, Criminal Force and Assault. The offence of criminal force includes the
offence of force and assault. These offences mentioned above have been related to various
situations for e.g. consequences against a person who uses criminal force to deter public servant
4

from discharge of his duty or criminal force used against a woman with an intention to outrage
her modesty or use such force to confine a person. In this project I have dealt with the concept in
general giving its meaning and interpretation and linking it to various situations as mentioned
above. The topic is very much relevant in today s world as this project notifies a person and tells
him of when force or criminal force is being used against him as in this project it clearly defines
force and criminal force and its meaning in simple language. In this project I have put situations
of which a person can find out of when criminal force is being used against him, so that a person
can file a complaint against the offender who has committed such offence and gain compensation
or can put the offender behind bars for the physical and mental damage caused to a person. This
topic is also related of the offence of criminal force in other countries, and the difference
mentioned regarding the punishment of such offence in various countries.

OBEJECTIVE OF THE STUDY

The objective of my study was to analyze the topic thoroughly and to enlighten the reader about
the importance of this topic and to bring out the relevance of this topic in todays world. The aim
and objective in compiling this project has also been dealing with international aspect of this
topic and comparing this offence in different countries. The objective was also to find out the
relation between the offences of criminal force and other crimes. The prime objective has been to
study this offence in depth and to see if there is any flaw regarding this offence and to provide a
solution to such flaw/fault.
RESEARCH QUESTIONS/HYPOTHESIS

What do you mean by Force?

What do you mean by Criminal Force?
Requirements for Criminal force to be an Offence under IPC?
Provisions under the IPC in relation to the offence of criminal force?
Crimes related to the offence of criminal force under the IPC?

LIMITATION OF RESEARCH
This project is a compilation of secondary source of data, no primary source of data has been
used in this project. Sources like Books, Articles, Journals, and Internet have been used to find
5

information on this topic. This project does not contain all the necessary information as I did not
get ample of time to complete this assignment and did not research as much as I could.

CHAPTER-1- INTRODUCTION

EVOLUTION
CONCEPTS/DOCTRINES
SCOPE OF THE TOPIC

EVOLUTION
Law in India has evolved from customary practices and religious prescription to the modern well
codified acts and laws based on a constitution. Though the recorded history of law starts only in
the Vedic period, it is widely believed that ancient India had some sort of legal system in place
even during the Bronze Age and the Indus Valley civilization. The origin of criminal
6

jurisprudence came into existence in India from the time of Manu .Manu had recognized assault,
theft, robbery false evidence, slander , criminal breach of trust, cheating, adultery and rape. The
king administered justice himself and if busy, the matter was entrusted to a judge. Earlier when a
criminal was fined, the fine went to kings treasury and not to injured party. In 1833, Macaulay
moved the House of Commons to codify the whole criminal law in India.
Accordingly the First law Commission was established in 1834. Mr. Macaulay was the president
and Macleod, Anderson and Millet was the commissioners of the commission. In preparing Penal
Code they drew not only English and Indian laws and Regulations, but also upon Livingstones
Louisiana Code and Code of Napoleon. A draft code was submitted to the Governor-General in
Council on October 14, 1837. It was presented to the Legislative Council in 1856 and was passed
on October 6, 1860. It superseded all Rules, Regulations, and Orders of criminal law in India. It
provided a uniform criminal law for all people in British India irrespective of caste, creed or
religion. The offence of criminal force has evolved from time immemorial; as it was a punishable
under the ancient Hindu law the British codified it as a offence in the IPC, 1860. The offence was
punishable under Sec.350 and it came under the chapter offences affecting the Human body.
There are Sections 349-358 which deal with Force, Criminal force and assault. The recent
Criminal Law Amendment Act, 2013 amended these sections and added new sections regarding
criminal force used against women to outrage her modesty. Under Sec. 354 Sec. 354A, 354B,
354C, 354D were added. The offence of criminal force has evolved from time to time, according
to the changes in the society.
CONCEPTS/DOCTRINES/THEORIES
The basic concept or theory behind, why criminal force is an offence under the IPC or why is it
punishable is dealt here. The framers of the code say: We have found great difficulty in giving a
definition of assault. The basic concept behind criminal force is that you use force against a
person without his consent, and with a bad intention against another person. Due to that use of
criminal force you have a motive to injure the person even if it is a minor injury. The reason why
it is an offence because a person cannot force another person to do some act against his will. If
you use force and if that person has consented to it then it will be not be a offence under the
Indian penal code.

SCOPE OF THE TOPIC

The offence of criminal force is not just defined under the IPC but the offence is related to many
acts regarding against a public servant, outraging the modesty of a woman. The scope of this
section is too wide as it also covers theft committed against a person by using criminal force and
also it covers if you wrongfully confine a person. The scope of this section was widened further
by the introduction of the Criminal Law amendment Act, 2013 by adding new sections relating to
use of criminal force like Sec. 354A, 354B, 354C, 354D.
Section 354A deals with the definition of sexual harassment which is very broadly defined
and criminalizes acts like forcibly showing pornography, physical contact and advances
involving unwelcome and explicit sexual overtures, demanding or requesting sexual favours, any
other unwelcome physical, verbal or non-verbal conduct of sexual nature. This section further
deals with the punishment to be awarded for the offence depending upon the act in question.
While demanding or requesting sexual favours and physical contact or advances which involve
unwelcome and explicit sexual overtures is punishable with rigorous imprisonment of a term
which may extend to five years or with fine or with both, the other three acts enumerated above
attract a lesser term which may extend to one year or fine or both.
A bare reading of this section shows that it is gender neutral in nature.
Further section 354B deals with offence where criminal force or assault is used up on a woman
with the intention of disrobing her or compelling her to be naked in public and penalizes the
same with an imprisonment term which shall not be less than three years but may extend to
seven years and also attract fine. This section deals with a very specific offence and adds to and
will supplement the provision dealing with the offence of outraging the modesty of a woman.
This is a welcome provision in view of the fact that many cases have been reported in the news
of women being stripped in public as an instrument of punishment mostly in backward areas.
Section 354 C also deals with the specific act of either watching or capturing the images of a
woman engaging in a private act where she expects privacy and observation by the perpetrator or
any other person at the behest of the perpetrator is not likely. Such watching or capturing images
8

of a woman is criminalized and attracts an imprisonment term which shall not be less than one
year but may extend to three years and fine. Also on a subsequent conviction the minimum
imprisonment term shall be that of three years extendable to seven years and also fine.
For the purpose of this section the offence is widely defined and includes a situation where the
victim may have consented to the capturing of images or any act but not agreed to the
dissemination of the same to any third person.
Section 354 D criminalizes the act of stalking which interferes with the mental peace of a
person or causes distress, fear of violence or alarm. The same is punishable with a minimum
imprisonment term of one year which may extend to three years and also liable with fine.
However, the offence is subject to certain exceptions like where a person can show that the acts
done were in pursuance of some law, amounted to reasonable conduct or in order to prevention
of some crime.

CHAPTER-II- LEGAL ANALYSIS

The above chapter gave a general introduction of the topic, in this chapter I have been dealing
with the criminal provisions relating to criminal force and the offences which include such force.
Sections 349-358 in the IPC deal with offences of force, criminal force and assault, sec.349, 350,
351 define force, criminal force and assault respectively. The remaining sections deal with
aggravated forms of criminal force and assault and provide punishments.

Criminal Provisions

Section 3491 as mentioned in the IPC says that 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 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 three ways hereinafter described.

First: - By his own bodily power.

Secondly: - 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.
Thirdly: - By inducing any animal to move, to change its motion, or to cease to move.
The oxford dict. defines force as coercion or compulsion, especially with the use or threat of
violence. The term force contemplates the use of force to a person and to a thing. Force against
inanimate objects is outside the purview of this sec. as force under sec.349 applies only when
there is force to another. In Chandrika Sao2 case an assistant superintendent of commercial taxes
paid a surprise visit to a shop of the accused and found two sets of account books. When he was
looking into them, the accused snatched them away and passed it to his servant. It was held by
the court that the action of the accused of snatching of books of accounts amounted to the use of
force as contemplated under Sec. 349. The definition clearly mentions that one person is said to
1 IPC, 1860
2 AIR 1967 SC 170
10

have used force against another if he causes motion, change of motion or cessation of motion to
that other. Now as understanding the definition of force under sec. 349, criminal force is defined
under sec. 350 which is discussed briefly below.
Sec.3503 defines criminal force as whoever intentionally uses force to any person, without that
person's consent, in order to the committing of any offence, or intending by the use of such force
to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or
annoyance to the person to whom the force is used, is said to use criminal force to that other.
Illustrations
(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally
causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does
this by disposing substances in such a manner that the motion is produced without any other act
on any person's part, A has therefore intentionally used force to Z; and if he has done so without
Z's consent, in order to the committing of any offence, or intending or knowing in to be likely
that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.

(b) Z is reading in a chariot. A lashes Z's horses, and thereby causes them to quicken there pace.
Here Z has caused change of motion to Z by inducing the animals to change their motion. A has
therefore used force to Z; and if A has done this without Z's consent, intending or knowing it to
be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z.
The definition mentioned under sec.350 says that Force becomes criminal when it is used

Without consent and

In order to committing of an offence or when it is intentionally or knowingly used to
cause injury fear or annoyance to the person to whom it is used.

The term force as defined applies to force used in connection with the human body. The
necessary ingredients this section 350 requires is:1. The intentional use of force to any person.
2. Such force must have been used without the persons consent.
3 Ibid 1
11

3. It must have been used a) In order to committing of an offence or,

b) With the intention to cause, or knowing it to be likely that he will cause injury,
fear or annoyance to the person to whom it is used.
It is very essential to note that the use of force must be intentional. The definition of force
contemplates the presence of the person using the force and of the person to whom the force is
used. When a person breaks open the lock of a house in the absence of the person in possession
of the house and takes possession thereof, the possession taken is without any force or show of
force4. The term force mentioned in Sec. 349 comes only into existence if used against a person
and does not follow if used against any matter or substance. For instance to strike a pot which a
man is carrying and which is in contact with that mans body, constitutes the offence of criminal
force if it is done to cause him fear, annoyance, etc,. And if that person is a public servant in the
discharge of his duties, the offence is punishable under sec. 3535. In Jai Rams case where the
accused went to the field of another and the cut the crops sown by him and on the latter resisting
they raised sticks to strike him and other ran away to save himself, it was held by the court that
the accused were guilty of using force by means of bodily power within the meaning of this
section6. The term criminal force in English Law is called Battery. Criminal force may be so
slight that it may not amount to an offence7, and it will be observed that criminal force does not
include anything that the doer does by means of another person.
Section 351 defines Assault as whoever makes any gesture, or any preparation intending or
knowing it to be likely that such gesture or preparation will cause any person present to
apprehend that he who makes that gesture or preparation is about to use criminal force to that
person, is said to commit as assault.

4 Bihari Lal AIR 1934 Lah 454

5 Darshan Singh AIR 1941Lah 297
6 AIR 1914 All 1751
7 Section 95 of the IPC, 1860
12

Explanation: - Mere words do not amount to an assault. But the words which a person uses may
give to his gestures or preparation such a meaning as may make those gestures or preparations
amount to an assault.
Illustrations
(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to
believe that A is about to strike Z, A has committed an assault.
(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he
may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an
assault upon Z.
(c) A takes up a stick, saying to Z, "I will give you a beating" Here, though the words used by A
could in no case amount to an assault, and though the mere gesture, unaccompanied by any other
circumstances, might not amount to an assault, the gesture explained by the words may amount
to an assault.
The term assault is easy to understand but difficult to define. In the Oxford Dictionary8 it is
defined as an act that threatens physical harm to a person. It is not every threat, when there is
no actual personal violence that constitutes an assault. If a person is advancing in a threatening
attitude, with an intention to strike another, so that his blow will almost immediately reach the
other, if he is not stopped, then this is an assault in point of law, though, at the particular moment,
when he stopped, he is not near enough for his blow to take effect.9
Assault and Criminal Force:-An assault is something less than the use of criminal force, the
force being cut short before the blow actually falls. It seems to consist in an attempt or offer by a
person having present ability with force to do any hurt or violence to the person of another. It is
committed whenever a well-founded apprehension of immediate peril from a force already
partially or fully put in motion is created. An assault is included in a criminal force.
Assault and Battery:-Battery is an act inflicting unlawful personal violence on another. It is
the wilful touching of the person of another by the aggressor or by some substance put in motion
8 The Concise Oxford Dictionary,(1990),p.64
9 Stephen vs. Myers (1830)4 C&P 349
13

by him. In other words, battery is the consummation of the assault. In assault actual contact with
the body of another person is not necessary. In battery, however, it is essential.10 A battery
includes an assault but vice versa is not true.
This section requires two things:1. Making of any gesture or preparation by a person in the presence of another.
2. Intention or knowledge of likelihood that such gesture or preparation will cause the
person present to apprehend that the person making it is about to use criminal force to
him.

Section 352 says that Whoever assaults or uses criminal force to any person otherwise than on
grave and sudden provocation given by that person, shall be punished with imprisonment of
either description for a term which may extend to three months, or with fine which may extend to
five hundred, or with both.
Explanation: - Grave and sudden provocation will not mitigate the punishment for an offence
under this section, if the provocation is sought or voluntarily provoked by the offender as an
excuse for the offence, or If the provocation is given by anything done in obedience to the law, or
by a public servant, in the lawful exercise of the powers of such public servant, or If the
provocation is given by anything done in the lawful exercise of the right of private defense.
Whether the provocation was grave and sudden enough to mitigate the offence is a question of
fact.
Section 353 deals with Whoever assaults or uses criminal force to any person being a public
servant in the execution of his duty as such public servant, or with intent to prevent or deter
that person from discharging his duty as such public servant, or in consequence of anything done
or attempted to be done by such person in the lawful discharge of his duty as such public servant,
shall be punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

10 Cole vs. Turner (1794) 6 Mod 149

14

This section applies when a public servant is discharging the duty imposed on him by the virtue
of his office; in other words, he must be performing an act, which is so integrally connected with
the duty attached to his office as to form part of it.11
The following requirements must be satisfied:1. There must be assault or criminal force;
2. Such assault or criminal force must have been made on a public servant;
3. It must have been made on a public servanta) While he was acting in the execution of his duty;
b) With intent to prevent or deter him from discharging his duty;
c) In consequence of anything done or attempted to be done by him in the discharge
of duty.
Sec. 354 protects the modesty of a woman it reads as whoever assaults or uses criminal force to
any woman, intending to outrage or knowing it to be likely that he will thereby outrage her
modesty, shall be punished with imprisonment of either description for a term which may extend
to two years, or with fine, or with both.
An indecent assault is punishable under this section. Before applying this section the following
essentials must be present:1. Assault or use of criminal force on a woman
2. Such assault must have been made
a) With the intention to outrage her modesty, or
b) With knowledge that her modesty was likely to be outraged.12
Sections 345A to 354D were added by the Criminal Law Amendment Act, 2013 which are
defined in the next paragraph.
354A. deals with Sexual Harassment and punishment for Sexual harassment it reads as- (1)
A man committing any of the following acts

11 Richard Saldana AIR 1960 Ker 146

12 Ram Das AIR 1954 SC 711
15

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a
demand or request for sexual favours; or (iii) showing pornography against the will of a woman;
or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of subsection (1) shall be punished with rigorous imprisonment for a term which may extend to three
years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be
punished with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
354B. deals with Assault or use of criminal force to woman with intent to disrobe- Any man
who assaults or uses criminal force to any woman or abets such act with the intention of
disrobing or compelling her to be naked in any public place, shall be punished with
imprisonment of either description for a term which shall not be less than three years but which
may extend to seven years, and shall also be liable to fine.
354C. deals with Voyeurism it reads as Any man who watches, or captures the image of a
woman engaging in a private act in circumstances where she would usually have the expectation
of not being observed either by the perpetrator or by any other person at the behest of the
perpetrator or disseminates such image shall be punished on first conviction with imprisonment
of either description for a term which shall not be less than one year, but which may extend to
three years, and shall also be liable to fine, and be punished on a second or subsequent
conviction, with imprisonment of either description for a term which shall not be less than three
years, but which may extend to seven years, and shall also be liable to fine.
Explanation 1.For the purpose of this section, "private act" includes an act of watching carried
out in a place which, in the circumstances, would reasonably be expected to provide privacy and
where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the
victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done
in public.

16

Explanation 2.Where the victim consents to the capture of the images or any act, but not to
their dissemination to third persons and where such image or act is disseminated, such
dissemination shall be considered an offence under this section.
354D. deals with Stalking (1) Any man who
(i)

follows a woman and contacts, or attempts to contact such woman to foster personal

(ii)

interaction repeatedly despite a clear indication of disinterest by such woman; or

monitors the use by a woman of the internet, email or any other form of electronic

(iii)

communication; or
watches or spies on a woman in any manner, that results in a fear of violence or
serious alarm or distress in the mind of such woman, or interferes with the mental
peace of the woman, commits the offence of stalking:

Provided that such conduct shall not amount to stalking if the man who pursued it proves that
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of
stalking had been entrusted with the responsibility of prevention and detection of crime by the
State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by
any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished with imprisonment of either
description for a term which shall not be less than one year but which may extend to five years,
and shall also be liable to fine..
Sec. 355 says that whoever assaults or uses criminal force to any person, intending thereby to
dishonour that person, otherwise than on grave and sudden provocation given by that person,
shall be punished with imprisonment for a term which may extend to two years, or with fine, or
with both.
Sec. 356 Whoever assault or uses criminal force to any person, in attempting to commit theft on
any property which that person is then wearing or carrying, shall be punished with imprisonment
of either description for a term which may extend to two years, with fine, or with both.
17

Sec. 357 Whoever assaults or uses criminal force to any person, in attempting wrongfully to
confine that person, shall be punished with imprisonment of either description for a term which
may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Sec. 358 Whoever assaults or uses criminal force to any person on grave and sudden
provocation given by that person, shall be punished with simple imprisonment for a term which
may extend to one month, or with fine which may extend to two hundred rupees, or with both.
Explanation: - The last section is subject to the same Explanation as section 352.

CHAPTER-III- ROLE OF JUDICIARY

18

IMPORTANT LEGAL PRINCIPLES

1. Tarkeshwar Sahu vs. State of Bihar (now Jharkhand)13
Facts of the Case:On 18th February, 1998, at about 1.30 a.m., Tara Muni Kumari, aged about 12 years, came out of
her house to answer the call of nature. The accused, Tarkeshwar Sahu, had forcibly taken her to
his hut for having illicit sexual intercourse with her. The girl raised an alarm, and immediately
thereafter several persons came from the adjoining houses and caught the accused before he
could make any attempt to rape the girl.
Decision by the Courts:1. The Trial Court & High Court
The trial court arrived at a finding that the prosecution had fully established the charge under
sections 376 (Rape) / 511 (Attempting to commit offences punishable with imprisonment for life
or other imprisonment) of the Indian Penal Code against Tarkeshwar Sahu beyond all reasonable
doubt. Consequently, Sahu was found guilty under sections 376/51114 and he was convicted and
sentenced to seven years rigorous imprisonment.
The accused went in appeal to the Jharkhand High Court which dismissed the appeal and held
that the trial court was perfectly justified in awarding the sentence of seven years rigorous
imprisonment to the appellant under sections 376/511 IPC.
2. The Supreme Court
The Supreme Court changed the entire decision given by the trail court which on appeal was
approved the HC. It said that under Sec. 376 as defined Penetration is sufficient to constitute
the sexual intercourse necessary to the offence of rape; in other words, no penetration, no

13 (2006) 8 SCC 560

14 Indian Penal Code, 1860
19

rape. In doing so, the Court quoted more judgments, trying to reinforce the view if there is no
rape, it amounts only to outraging the modesty of a woman15 and not to an attempt to rape:
In Raja v. State of Rajasthan16, it was stated as under: The accused took the minor to solitary
place but could not commit rape. The conviction of accused was altered from Section 376/511 to
one u/s 354.
The Court in Nuna v. Emperor17 stated as follows: The accused took off a girls clothes, threw
her on the ground and then sat down beside her. He said nothing to her nor did he do anything
more. It is held that the accused committed an offence under Section 354 IPC and was not guilty
of an attempt to commit rape.
In this case, the Court did imprison the accused but under other sections of the Indian Penal
Code, reinforcing the feeling that no man in India can attempt rape. The point to be noted is that
the Indian law does not recognize an attempt to rape as a crime by itself, and the moment a rapist
is unsuccessful in his intentions, his act automatically becomes one of outraging the modesty of a
woman (section 354 IPC), an offence carrying a maximum of two years imprisonment, and one
which is bailable, whereas the offence of rape carries a minimum punishment of seven years,
extendable to life imprisonment, and is non-bailable (section 376 IPC).

2. Gopal Singh (1913) 36 All 6

A warrant of arrest was issued against the R, on a charge of cheating, to the Sub-Inspector within
whose jurisdiction R resided. That officer ordered his subordinate constables to be on the lookout
for R and arrest him wherever found. One of the constables came across the R and proceeded to
arrest him informing him of the issue of a warrant against him. The accused interfered with the
constables in arresting R and managed to prevent his arrest. The court held that that the constable
was empowered to make the arrest without the warrant and any interference with that arrest

15 Sec. 354 of the IPC, 1860

16 1998 Criminal Law Journal 1608
17 (1912) 13 CRLJ 469
20

amounted to obstructing a police-officer in the discharge of his duty and constituted an offence
under Sec. 354 of the Indian Penal Code.
3. Rose vs. Kempthorne18
In this case the facts of the case go as, the appellant met the respondent in the street and tendered
him an order for discovery, which had been made against the respondent in a County Court
action, the appellant acting on behalf of the solicitor to the other party to the action. The
respondent refused to accept the document, and the appellant thrust it into the inner-fold of the
respondents coat. It was held that as the appellant was entitled to serve the respondent
personally and was not guilty of an assault on the respondent.
LANDMARK CASES

1. State of Punjab vs. Major Singh19

A three judge SC bench decided, injury to vagina of a female child of seven and half months can hold
accused guilty of outraging modesty under Section 354.
The judge Sarkar, C.J interpreted that an act done with the intention or knowledge that it was
likely to outrage the woman's modesty be considered along with females reaction. Females of all
age do not possess modesty, which can be outraged and dismissed the appeal.
The second judge Mudholkar, quoted modesty as not referring to a particular woman but to the
accepted notions of womanly behaviour and society. Whether female has capacity to understand or not
is immaterial, allowed the appeal and held conviction under Section 354. As per the third judge
Bacbawat, J. the expression "woman" denotes a female human being of any age. The culpable
intention to outrage the modesty being the bottom line of the matter and agreed with the order of
Mudholkar.

2. Rupan Deol Bajaj v K.P.S. Gill20

18 (1910) 22 Cox 356
19 A.I.R. 1963 S.C. 63
21

A DGP who slapped on the posterior of lady IAS was accused of outraging modesty.
A compliant was filed. Later revision complaint under Section 482 of the Cr.P.C 21 was filed which
was quashed by High Court. The prosecutrix challenged it, SC directed Chief Judicial Magistrate to
take cognizance.
Trial found accused guilty under Section 354, 509 IPC and sentenced imprisonment with fine. In an
appeal, Sessions Judge confirmed conviction, altered the sentence releasing accused on probation with
fine enhanced to Rs. 50,000/-. On challenging this, the HC did not interfere with the conviction but
enhanced fine to Rs. 2, 00,000/- .This too was challenged.
The SC did not set aside the findings of the various courts and observations of HC as it had set an
example and enhanced the faith of a common man in judiciary. As accused had completed the period
of probation without any complaint or violation, so no other punishment was warranted and appeal
dismissed.

20 (1995) 6 S.C.C. 194

21 The Code of Criminal Procedure,1973,s.428
22

CHAPTER-IV- COMPARITIVE STUDY

SINGAPORE
In Singapore under the Penal code of Singapore the offence of criminal force is defined the same
as defined in the Indian Penal Code, 1860 but there are certain differences in certain sections
regarding criminal force in comparing the penal code of Singapore and India. Under the Indian
Penal Code Sec. 349- 358 deal with assault, force and criminal force, similar sections deal with
force criminal force and assault in the Penal code of Singapore. The difference in both these
country codes comes in the explanation and the Punishment given by the two countries for such
offences. In India under Sec. 354 which deals with Assault or criminal force to woman with
intent to outrage her modesty but in Singapore under Sec. 35422 it says Assault or use of criminal
force to a person with intent to outrage modesty. In India Sec. 354 is only restricted to a woman
and does not extend to a man, whereas in Singapore Sec. 354 extends to both the Man and the
Woman. Now the Punishment for the offence under Sec. 354 in India is with imprisonment of
either description for a term which may extend to two years, or with fine, or with both, but in
Singapore the Punishment is imprisonment for a term which may extend to 2 years, or with fine,
or with caning, or with any combination of such punishments. Under Sec. 354 of the Penal code
of Singapore there is a Subsection 2 which protects the person below the age of 14 years against
whom such offence is committed, it provides for a punishment of imprisonment for a term which

22 http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=c4da68ff-d42f-4f09-87ccb6ad91ceaaca;page=0;query=DocId%3A025e7646-947b-462c-b557-60aa55dc7b42%20Depth
%3A0%20Status%3Ainforce;rec=0#P4XVI-P4_349-. Date:- 3rd Nov. Time:- 4:00 P.M
23

may extend to 5 years, or with fine, or with caning23, or with any combination of such
punishments.

UNITED STATES OF AMERICA

In the US criminal force is not defined in any of the laws but the concept of assault is defined in
the US under Chapter 7 of Title 18 of the United States Code24 which is the criminal and penal
code of the federal Govt. of the United States. Under Section 11125 prohibits "assaulting,
resisting, or impeding" officers, employees and Law Enforcement Explorers of the United States
while engaged in or on account of the performance of official duties, and the assault or
intimidation of "any person who formerly served" as an officers or employees of the United
States "on account of the performance of official duties during such person's term of service".
The section provides for a penalty for simple assault of a fine, imprisonment for up to one year,
or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both. An
enhanced penalty of a fine or imprisonment for up to 20 years is provided for if a "deadly or
dangerous weapon" is used or if bodily injury is inflicted.
Section 11226 is "protection of foreign officials, official guests, and internationally protected
persons". It prohibits assaulting or causing harm to a "foreign official, official guest, or
internationally protected person" or "any other violent attack upon the person or liberty of such
person", and provides a penalty of a fine, imprisonment of up to three years, or both, and an
enhanced penalty of a fine or imprisonment of up to 10 years, or both, if a deadly or dangerous
weapon" is used or if bodily injury is inflicted.

23 Sec. 53(e) of the Penal Code of Singapore

24 http://www.law.cornell.edu/uscode/text/18/part-I/chapter-7 Date:- 1st Nov. Time:- 5:00 P.M.
25 Title 18 of the United States Code, Chapter 7
26 Ibid 17
24

Section 11327 provides punishments for assault within the special maritime and territorial
jurisdiction of the United States: for assault with intent to commit murder, imprisonment for not
more than 20 years; for assault with intent to commit any felony except murder or a felony under
chapter 109A, by a fine under this title or imprisonment for not more than ten years, or both; for
assault with a dangerous weapon, with intent to do bodily harm, and without just cause or
excuse, by a fine under this title or imprisonment for not more than ten years, or both; for assault
by striking, beating, or wounding, by a fine under this title or imprisonment for not more than six
months, or both; simple assault, by a fine under this title or imprisonment for not more than six
months, or both, or if the victim of the assault is an individual who has not attained the age of 16
years, by fine under this title or imprisonment for not more than 1 year, or both; assault resulting
in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or
both; assault resulting in substantial bodily injury to an individual who has not attained the age of
16 years, by fine under this title or imprisonment for not more than 5 years, or both.
Section 113 also defines "substantial bodily injury" as bodily injury which involves a temporary
but substantial disfigurement, or a temporary but substantial loss or impairment of the function
of any bodily member, organ, or mental faculty, and defines "serious bodily injury" as the
meaning given that term in section 1365 of this title.

RUSSIA
In Russia under The Criminal Code of the Russian Federation28 the offence of Criminal force is
not defined but there are certain offences which are related to the use of criminal force for e.g
Battery includes the use of criminal Force. In Russian Code as the offence of Criminal Force is
not defined the offence of Battery is taken an offence for explanation. Battery is defined under
Art.11629 which reads as Battery or the commission of similar violent actions, which have
27 Supra 17
28http://www.russian-criminal-code.com/PartII/SectionVII/Chapter16.html Date : 2nd Nov. Time:2:00P.M
29 The Criminal Code of Russian Federation, Part-II, Section. VII, Chapter- 16
25

caused physical pain but not involved the consequences referred to in Article 115 of this Code,
shall be punishable by a fine in the amount of up to 100 minimum wages, or in the amount of the
wages or salary or any other income of the convicted person for month, or by compulsory works
for a period of time from 120 to 180 hours, or by corrective labour for a term of up to six
months, or by arrest for a term of up to three months.
Art. 115 deals with Intentional Infliction of Light Injury
Intentional infliction of light injury which has caused temporary damage of health or an
insignificant stable loss of general capacity for work, shall be punishable by a fine in the amount
from 50 to 100 minimum wages, or in the amount of the wages or salaries or any other income of
the convicted person for a period of up to one month, or punishable by compulsory works for a
term of from 180 to 240 hours, or corrective labour for a term of up to one year, or by arrest for a
term of from two to four months.
LAWS OF ENGLAND:English laws are very clear. The definition of minor terms such as a penetration, assault, touching etc
is provided distinctly. For example a clear definition of touching is provided which says touching
includes touching with any part of the body, with anything else, or through anything and in particular
includes touching amounting to penetration30.Outraging the modesty of woman has been included in
Sexual Offences.
Separate laws are enacted for Sexual Offences against children below the age of 1331, Causing or
inciting a child to avenge in Sexual Activity32, Sexual Activity with a mentally disordered person33,
Sexual Activity at work place34 etc are present.
30

Sexual Offences Act 2003 s 79(1), (8).

31 Id s 10(1) (a)
32 Id s 8(1) (a)
33 Id s 30(1) (c)
34 Id s 38(1) (a)
26

English law clearly states harsh punishments for offences by police officers, teachers, doctors, elite
officials etc while on duty. There have been cases where Court has awarded damages of $100,000 to
$300,00035. Very few such provisions have been provided under our laws. Sexual offences against
women at workplace are reported in our country too but there is absence of apparent and precise laws
except

Supreme

Courts

Vishakha

Guidelines 36.

CHAPTER-V- CONCLUSION

Offence of Criminal force is not a serious offence in the Indian Penal Code as the Punishment for
such offence is not that serious and it is a bailable offence. In India the Offence of Criminal force
was present in ancient Hindu law and the Muslim Law, but it was a not a serious offence. The
British did not codify the criminal law in India, until 1860, when the IPC was enacted and came
35 Ikram v. Waterbury Bd. of Educ., No. 3:95CV2478, 1997 WL 597111, at 1; See Also Tiffany & Co. v.
Smith, 224 AD 2d 332, 638 NYS 2d 454.
36 A.I.R. 1997 S.C. 3011
27

into force. The offence of criminal force, Force and Assault were mentioned under Sec. 349-358.
Later on when Criminal Law in India developed certain sections were added as due to change in
time and change in the society. Now during the 1860s the woman were not recognized as a
integral part of the society and a lot of rights didnt exist for them, but due to change in time
woman are a very integral part of society and play a very major role in the society today. Earlier
woman were not allowed to work but today woman play a major hand in the running of the
country. Woman were being raped and assaulted sexually harassed, and the crime rate against
woman was increasing at a massive rate in order to protect the woman the Govt. passed the
Criminal Law Amendment Act, 2013 to protect the woman form sexual harassment at work place
to protect them from all evils of the society and crimes, which were not mentioned in the IPC till
date. So you can see how law has changed from time to time. Earlier under Sec. 349-358
included only punishment for certain acts, but now it includes Sec.354A, 354B, 354C 354D
which deals with Voyeurism, Stalking, Intention to disrobe a woman, sexual harassment. The
IPC does not only protect the woman against whom criminal force is used, it also protects the
persons against whom criminal force is used in attempt to commit theft of property carried by a
person37, it also protect the public servant38 against whom criminal force is used to deter from
discharging his duty39, protects a person from being wrongfully confined40. The offence of
Criminal Force is when a person uses force against another force without his consent with an
intention to commit an offence or cause injury to another person or causes fear or annoyance
against whom the force is used.
The essential ingredients required to commit such offence is:1. The intentional use of force to any person.
2. Such force must have been used without the persons consent.
3. It must have been used a) In order to committing of an offence or,
37 Sec. 356 of IPC, 1860
38 Sec. 21 of IPC, 1860
39 Sec. 353 of IPC, 1860
40 Sec. 357 of IPC, 1860
28

b) With the intention to cause, or knowing it to be likely that he will cause injury,
fear or annoyance to the person to whom it is used.
The offence of criminal force has evolved from time to time. The courts have also taken certain
steps and in various Judgments it has interpreted the sections in the Indian Penal Code which
involve the offence of criminal force. In Tarkeshwars Sahu case the court has interpreted Sec.
354 and saying that an attempt to rape will fall under this section. The section clearly mentions
Assault or criminal force used with an intention to outrage her modesty. The SC said as attempt
to rape is not defined anywhere in the IPC, Sec. 354 has that scope to cover such offence. It does
not only protect woman, it protects public servants when criminal force is used against them
when discharging their duty(Sec.353), it also protect person wrongfully against whom criminal
force is used in an attempt to commit theft of property carried by them(Sec.356), protects
persons who are wrongfully confined(Sec.357). In England the punishment for such offences in
terms of fine and imprisonment goes very high, as in India which is very less as you have seen in
the sections of the IPC, and the various decisions given by the courts. The offence of criminal
force in India is considered to be a very petty offence and the reason why the punishment is so
less in India.

CHAPTER- VI- SUGGESTIONS

29

The suggestions for the topic of offence of criminal force are my own views, and I totally feel
that the recommendations which are mentioned below should be followed and giving a valid
reason behind it. Some countries dont recognize the use of criminal force as an offence. I feel
that such recommendations are necessary: 1. The Amendment to Sec. 354 which deals with assault or criminal force with an
intent to outrage a womans modesty. I seriously recommend that the word
woman should be replaced by persons, as I dont understand why is the law
favoring only one gender? If the section is amended, woman will still be protected
under this section. The scope of this section will increase and as I think even men
have a threat from society against their modesty, such crime can be committed
against them also.
2. The punishment for offence under Sec. 354 should be amended and be increased,
and the offence at present is bailable and cognizable offence and noncompoundable, I would suggest that it should be changed to non-bailable.
3. I would like to suggest that a new section should be added protecting minors, as
crimes against minors is rising at unstoppable rate. It would be as Indecent
assault on a minor, and the punishment for such offence would be imprisonment
up to 5 years or fine or with both.
4. New laws should be passed to increase the punishment for the offences realting to
criminal force and to protect the public servants.
5. The criminal law Amendment Act, 2013 took a lot of time in passing the bill, due
to pressure by the public on the Govt. the bill was passed. Such delay should not
take place and the govt. should realize the importance of laws in todays world
and it is their duty to see that these laws are implemented properly so that the
crime rate decreases and the offences mentioned should have a higher
punishment.

BIBLIOGRAPHY

BOOKS REFFERED:-

30

Indian Penal Code,1860 by Ratanlal and Dhirajlal 33rd edition

Criminal and Criminology by Krishna Deo Kumar
BARE ACTS:Indian Penal Code, 1860
Indian Evidence Act, 1872
Criminal Procedure Code, 1973
Criminal Code of Russian Federation
Sexual Offences Act, 2003
Penal Code of Singapore
Title 18 of the United States Code

WEBSITES REFFERED:http://www.womensweb.in/2012/07/rape-attempt-crime-in-india/
http://www.indianlawcases.com/Act-Indian.Penal.Code,1860-1806
http://www.russian-criminal-code.com/PartII/SectionVII/Chapter16.html
http://statutes.agc.gov.sg/
http://www.law.cornell.edu/uscode/text/18/part-I/chapter-7
http://nlrd.org/resources-womens-rights/rape-laws

31

32