LawRato

BNS Section 128

 - 

Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 128

Force

Section 128 of the Bharatiya Nyaya Sanhita (BNS) defines "force" in criminal law.
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.


LawRato 641+ Lawyers are online

Connect with a criminal lawyer in one minute




Key Points:
Definition of Force:

A person is said to use force on another if they cause:
Motion: Initiating or altering the movement of that person.
Change of Motion: Modifying the existing speed or direction of that person’s movement.
Cessation of Motion: Stopping the movement of that person.

Indirect Use of Force:
The section specifies that force can also be applied indirectly through the movement of substances that lead to contact with the person. This includes:
Any substance that, when moved, comes into contact with:
Any part of the person’s body.
Items that the person is wearing or carrying.
Objects positioned in a way that such contact affects the person’s sense of feeling (e.g., pain, pressure).

Methods of Causing Force:
The section outlines three specific methods through which a person can cause motion, change of motion, or cessation of motion:
(a) By Bodily Power: Using one’s physical strength or actions to exert force directly on another person or object.
(b) By Disposing of a Substance: Arranging or positioning a substance in such a way that it results in motion, change of motion, or cessation of motion, requiring no further action from the person or anyone else. This could involve setting a trap, for example.
(c) By Inducing an Animal: Utilizing an animal to move, change its motion, or stop moving, which indirectly results in exerting force on another person. This can involve trained animals acting at the behest of the individual.




Discover every section of the Bharatiya Nyaya Sanhita (BNS) in our detailed directory. Access a full list of BNS sections with thorough descriptions and legal interpretations.


Find the best lawyer for BNS Section 128 charges

Comments by Users


No Comments! Be the first one to comment.