Section 128 BNS: Force
Section 128 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines when a person is said to use "force" to another person. It is a foundational definition for the provisions that follow on criminal force and assault.
What Section 128 BNS Means
A person is said to use force to another when the person causes motion, change of motion, or cessation of motion to that other person.
Force also includes causing motion, change of motion, or cessation of motion to a substance in such a way that the substance comes into contact with any part of the other person's body, anything that person is wearing or carrying, or anything so situated that the contact affects that person's sense of feeling.
The Three Statutory Ways Force May Be Caused
Section 128 recognizes three ways in which the required motion, change of motion, or cessation of motion may be produced:
| Section 128(a) | By the person's own bodily power. |
|---|---|
| Section 128(b) | By arranging or disposing a substance so that the motion, change of motion, or cessation of motion occurs without any further act by that person or any other person. |
| Section 128(c) | By inducing an animal to move, change its motion, or cease to move. |
Essential Elements of "Force" under Section 128
- there must be motion, change of motion, or cessation of motion;
- the motion may be caused directly to another person or indirectly through a substance;
- where a substance is involved, the resulting contact may be with the person's body, clothing, something carried by the person, or something whose contact affects the person's sense of feeling; and
- the motion must be produced through one of the three statutory modes listed in clauses (a), (b), or (c).
Force through Bodily Power
Clause (a) covers force created by a person's own physical action. A direct push, pull, stop, or movement may fall within this category where the statutory definition is otherwise satisfied.
Force through a Substance
Clause (b) covers situations in which a person arranges or disposes a substance in such a way that motion, change of motion, or cessation of motion occurs without any further act by that person or by anyone else. This shows that physical contact by the accused's own body is not essential to the definition of force.
Force through an Animal
Clause (c) covers force caused by inducing an animal to move, change its motion, or stop moving. The statutory definition therefore extends beyond direct human physical contact.
Force and Criminal Force: Section 128 vs Section 129
Section 128 supplies the basic legal definition of force. Section 129 BNS then defines when intentional use of force without consent amounts to criminal force, including where it is used to commit an offence or with the required intention or knowledge concerning injury, fear, or annoyance.
Related BNS Provisions
- Section 121 BNS - Hurt or grievous hurt to deter a public servant from duty
- Section 122 BNS - Hurt or grievous hurt on provocation
- Section 123 BNS - Causing hurt by poison, etc., with intent to commit an offence
- Section 124 BNS - Voluntarily causing grievous hurt by use of acid, etc.
- Section 125 BNS - Act endangering life or personal safety of others
- Section 126 BNS - Wrongful restraint
- Section 127 BNS - Wrongful confinement
- Section 129 BNS - Criminal force
- Section 130 BNS - Assault
Official Legal Sources
For the authoritative statutory text and commencement notification, refer to the official Government sources below.
This page provides general legal information. The legal effect of "force" in a particular case depends on the applicable substantive offence, facts, evidence, procedural law and judicial interpretation.