Introduction of BNS Section 129
BNS Section 129, introduces the legal definition of criminal force. Unlike ordinary force (Section 128), criminal force occurs when a person intentionally uses force without consent to commit an offence, or with the intention or knowledge that such force will likely cause injury, fear, or annoyance. This section is crucial because it forms the foundation for many criminal offences such as assault, sexual offences, robbery, and wrongful restraint. By clearly defining what counts as criminal force, the law ensures protection of personal safety, dignity, and freedom from unlawful interference.
The Bharatiya Nyaya Sanhita (BNS) Section 129 replaces the old Indian Penal Code (IPC) Section 350.
What is section 129 of BNS ?
BNS Section 129 defines “criminal force” as the intentional application of force to another person without their consent, with the purpose of committing an offense or causing injury, fear, or annoyance. The definition covers various forms of force and the intentions behind them.
BNS Section 129 – Criminal force
Whoever intentionally uses force against another person, without that person’s consent, in order to commit an offence, or with the intention to cause, or with the knowledge that he is likely to cause injury, fear, or annoyance to that person, is said to use ‘criminal force.
BNS Section 129 defines criminal force as the wrongful and intentional use of force on someone without their consent.
- If someone pushes, hits, or uses any object/animal to harm or scare another person without permission, it becomes criminal force.
- The key idea is intention — the offender either wants to commit a crime, cause harm, or create fear/annoyance.
- Even if no major injury happens, the very act of using force unlawfully makes it criminal.
This section is the foundation for many offences like assault, sexual offences, robbery, and wrongful restraint, where “criminal force” is a central element.
Key Elements of Section 129
- Intentional Force → The act must be deliberate, not accidental.
- Without Consent → The victim never agreed to the act.
- Purpose → Used to commit a crime, or to cause injury, fear, or annoyance.
- Physical Impact → The force must affect the body, belongings, or sense of feeling of the victim.
- Variety of Means → Can be done by bodily action, using substances, or inducing animals.
- Broader Scope → Covers not only harm but also fear and irritation, making it wide in application.
- Foundation Law → Defines criminal force for other crimes in BNS.
- Distinguishes from “Force” → Unlike Section 128 (force), this section makes it criminal due to lack of consent + bad intention.
- Cognizable in Context → Depending on the offence where it applies, police can arrest without warrant.
- No Direct Punishment Here → Punishment depends on the offence where criminal force is applied (like assault or robbery).
Examples to Understand Section 129
Example 1 (Direct Criminal Force):
Ravi slaps Arjun in anger during an argument.
This is criminal force because it was intentional, without Arjun’s consent, and caused harm/annoyance.
Example 2 (Using an Object):
Priya throws a stone at Meena during a quarrel. Even if it only frightens Meena, it is criminal force.
Example 3 (Using an Animal):
X sets his dog on Y to scare him. Even if the dog doesn’t bite, the act is criminal force because it created fear without consent.
Why Section 129 is Important
- Clearly defines what criminal force means in law.
- Distinguishes between ordinary force (Section 128) and criminalized force.
- Protects individuals’ freedom, safety, and dignity from unlawful interference.
- Lays the base for offences like assault, sexual harassment, theft, and robbery.
- Ensures accountability even when harm is not severe but fear or annoyance is caused.
Section 129 BNS Overview
BNS Section 129 defines “criminal force.” This section deals with the intentional use of force against another person without their consent, with the aim of committing an offense, or causing harm, fear, or annoyance. It outlines how such actions are legally considered criminal.
BNS Section 129: Some Key Points
- Intentional Use of Force → Criminal force always involves a deliberate act. The offender applies force knowingly and on purpose, not by accident.
- Without Consent → The force must be used against someone without their permission. Consent is the key factor that separates lawful force from criminal force.
- Purpose of Offense → The intention must be to commit an offence, or at least to cause harm, fear, or annoyance.
- Likely to Cause Harm → Even if no major harm occurs, if the offender knew their action could cause injury, fear, or annoyance, it qualifies as criminal force.
- Variety of Actions → Criminal force can include pushing, hitting, throwing objects, or even using animals to attack or frighten someone.
- Physical Force → Direct bodily acts like striking, slapping, or pushing are classic examples of criminal force.
- Inducing Force → Criminal force doesn’t always need direct contact. For example, setting a dog on someone or throwing an object also counts.
- Contact with Body or Belongings → The law covers not just harm to the body but also to belongings. Damaging or snatching someone’s property through force is criminal.
- Impact on Sense of Feeling → The act must affect the victim physically—like heat, pressure, or contact. Example: throwing hot water that burns the skin.
- Intent to Cause Fear or Annoyance → It’s not always about physical injury. Even intending to scare, humiliate, or irritate someone makes the act criminal.
- Legal Context → Section 129 is crucial for understanding offences like assault, robbery, or sexual harassment, where criminal force is a key element.
- Illustrative Examples →
- Pushing someone out of the way on the street = criminal force.
- Forcing a boat to drift away while people are inside = criminal force.
Comparison Table – BNS Section 129 vs IPC Section 350
| Point of Comparison | BNS Section 129 (2023) | IPC Section 350 (1860) |
|---|---|---|
| Definition | Defines criminal force as intentional use of force without consent to commit offence or cause injury, fear, or annoyance. | Similar definition — intentional use of force without consent to commit offence or cause injury, fear, or annoyance. |
| Consent Factor | Clearly highlights that lack of consent makes force criminal. | Also required absence of consent but in older legal phrasing. |
| Connection with “Force” | Directly follows Section 128 (Force) for logical structure. | Followed IPC Section 349 (Force). |
| Language | Modern, simplified language. | Traditional, complex phrasing. |
| Legal Relevance | Forms the basis for assault, harassment, robbery, etc. | Formed basis for same offences under IPC. |
| Update | Part of BNS 2023 reforms. | Part of IPC 1860, repealed in 2023. |
BNS Section 129 FAQs
What is criminal force under Section 129?
Criminal force is the intentional use of force without the other person’s consent to commit an offense or to cause harm, fear, or annoyance.
What are examples of criminal force?
Examples include pushing someone, throwing an object at someone, or using animals to cause fear or harm.
Conclusion
BNS Section 129 plays a crucial role in defining criminal force in modern Indian criminal law. By distinguishing it from ordinary force (Section 128), the law ensures that any non-consensual and intentional application of force with wrongful intent is punishable. Whether it involves physical contact, objects, or animals, the essence of this section is to safeguard individuals from unlawful interference, fear, and harm. By updating the definition from IPC Section 350 into a clearer framework, BNS Section 129 strengthens legal interpretation and enforcement against acts of violence, harassment, and intimidation.
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Finished with BNS 129 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS Section 130 : Assault .
- https://marriagesolution.in/bns_section/bns-section-130/
- BNS Section 131: Punishment for assault or criminal force otherwise than on grave provocation.
- https://marriagesolution.in/bns_section/bns-section-131/
- 132 BNS : Assault or criminal force to deter public servant from discharge of his duty .
- https://marriagesolution.in/bns_section/132-bns/
- 133 BNS : Assault or criminal force with intent to dishonor person, otherwise than on grave provocation.
- https://marriagesolution.in/bns_section/133-bns/
- BNS 134 : Assault or criminal force in attempt to commit theft of property carried by a person.
- https://marriagesolution.in/bns_section/bns-134/
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