Introduction of BNS Section 128
BNS Section 128 lays down the legal definition of force and explains how it can be applied in different ways. In everyday life, we may think of force as simply pushing or hitting someone, but under the law, it is broader. Force includes using physical strength, causing objects or substances to move and affect another person, or even using animals to create impact. What makes it legally significant is the contact with a person’s body or belongings, and the effect on their sense of touch. This section provides a clear framework to distinguish lawful from unlawful force, which is crucial in cases of assault, wrongful restraint, or similar offences.
The Bharatiya Nyaya Sanhita (BNS) Section 128 replaces the old Indian Penal Code (IPC) Section 349.
What is BNS Section 128 ?
BNS Section 128 defines what constitutes the use of force. It explains how force is applied when causing motion, changing motion, or stopping motion, and how this force impacts a person or their belongings. It specifies the different ways force can be exerted, including through bodily action, by manipulating substances, or by inducing an animal.
BNS Section 128 – Force Law.
“Whoever causes motion, change of motion, or cessation of motion to another person, or to that person’s belongings, by:
- using bodily power, or
- manipulating any substance, or
- inducing an animal to move or act,
is said to use ‘force’ if such motion results in contact with that person’s body, their belongings, or in a way that affects their sense of feeling.”
BNS Section 128 defines what “force” means in law. It tells us when an act will legally be treated as using force.
- Force exists when you push, pull, or stop a person or their belongings.
- It can be applied directly (like pushing someone), indirectly (like throwing a stone), or through animals (like setting a dog on someone).
- The action must result in contact with the person or their belongings, or affect their sense of touch.
This section doesn’t directly prescribe punishment — instead, it gives the foundation for other offences like assault, wrongful restraint, or hurt, where “force” is a key element.
Key Elements of Section 128
- Definition of Force → Any action causing, changing, or stopping motion of a person or their belongings.
- Bodily Power → Direct use of physical strength (e.g., hitting, pushing).
- Substance Manipulation → Using objects (e.g., throwing a stone, pouring water).
- Animal-Induced Force → Using animals (e.g., making a bull charge at someone).
- Physical Contact Requirement → The act must result in contact with the person’s body or belongings.
- Effect on Senses → Even light contact affecting the sense of touch counts as force.
- Foundation for Other Crimes → Many crimes (like assault or restraint) rely on proving force.
- No Punishment Here → This section defines force; punishment depends on which offence is committed using force.
- Lawful vs. Unlawful Force → Helps courts separate legal acts (like self-defense) from illegal ones.
- Protects Rights → Ensures no one can misuse physical power to interfere with others unlawfully.
Examples to Understand Section 128
Example 1 (Physical Force):
Ravi pushes Arjun aside in a crowded bus stand. Ravi’s action changes Arjun’s position against his will.
→ This is force under Section 128.
Example 2 (Substance-Induced Force):
Priya throws a water balloon at Sita. The water hits Sita’s body, affecting her sense of touch.
→ This is also force under Section 128.
Example 3 (Animal-Induced Force):
A farmer deliberately sets his bull to chase his neighbor. The bull’s motion affects the neighbor’s movement.
→ This too counts as force.
Why Section 128 is Important
- It provides a clear legal definition of force, preventing confusion.
- It ensures direct, indirect, and animal-induced acts are all included.
- It lays the foundation for offences like assault, criminal force, wrongful restraint, and hurt.
- It helps judges and lawyers decide whether a person’s act legally qualifies as “force.”
- It protects society by making sure unlawful use of physical power is regulated.
Section 128 BNS Overview
BNS Section 128 defines force as the action of causing, changing, or stopping motion that impacts a person or their belongings. It covers how force can be applied through bodily power, manipulating substances, or inducing animals. This section clarifies how such actions affect individuals, ensuring a clear legal understanding of what constitutes force.
10 Key Points of BNS Section 128 :
1. Force Involves Movement or Motion
The term “force” under law refers to any action that causes movement, changes an existing motion, or stops something that is already in motion. It includes both direct and indirect actions that impact a person or their belongings.
Example: Pulling someone by their hand, pushing them, or snatching an object from their grasp.
2. Direct Bodily Power
Force is directly applied when a person uses their own physical strength or body to affect another person. It can include actions like hitting, slapping, pushing, or physically blocking someone’s path.
Example: If A punches B, A uses direct bodily power, which clearly counts as “force.”
3. Indirect Force Through Substances
Sometimes, force is not applied by direct contact but through another object or medium. If a person sets an object in motion to harm or affect someone, it is also considered force.
Example: Throwing a stone, pouring water, or setting something rolling toward someone are all indirect uses of force.
4. Animal-Induced Force
If a person uses an animal to cause movement or harm, it is also treated as force. The key point is that the animal is controlled or directed by a human to cause the effect.
Example: If a person commands their dog to attack someone, the force applied by the dog is legally considered the person’s action.
5. Physical Contact Requirement
For force to be recognized legally, there must be physical contact with the person’s body, clothes, or belongings. This means that the act should cause a physical impact that can be felt or observed.
Example: Throwing mud or splashing water on someone creates physical contact, even if no injury occurs.
6. Effect on the Person
The force must be strong enough to affect the person’s sense of touch. It should create a noticeable effect—like movement, pressure, or impact—on the body or objects connected to the body.
Example: Tapping someone’s shoulder to make them turn or pulling their bag is enough to show a tangible effect of force.
7. Clarification of Legal Force
The section clearly defines what qualifies as force in legal terms. This helps differentiate between harmless acts (like accidental contact) and legally recognized force used intentionally.
Example: Accidentally brushing against someone in a crowd isn’t considered legal force, but pushing someone intentionally is.
8. Examples of Force
Examples of applying force include striking a person, throwing an object at them, or using an animal to attack. Even using air, water, or any substance intentionally to affect another person’s body or belongings qualifies.
Example: Spraying water to knock someone off balance is a form of applying force.
9. Legal Relevance
Understanding how force works helps courts decide if an act qualifies as assault, criminal force, or other offenses under the Bharatiya Nyaya Sanhita. It is the base for judging whether an action was lawful or criminal.
Example: The court must determine if the physical contact was accidental (not criminal) or intentional (criminal force).
10. Purpose of the Law
The main purpose of defining force is to provide clarity and fairness in legal judgments. It ensures that every case involving physical action is properly analyzed to see if the act was deliberate, harmful, or justified.
Example: It prevents confusion in cases like crowd pushing or self-defense actions, ensuring only unlawful force is punished.
Examples of Force under BNS Section 128
Example 1: Physical Force
A person named Ravi is angry and pushes Arjun out of the way to get past him. Ravi’s action directly causes Arjun to move against his will. In this scenario, Ravi’s physical push is an example of using force. Ravi’s action changes Arjun’s position and affects him physically, fitting the definition of force under BNS Section 128.
Example 2: Indirect Force Using a Substance
A woman named Priya throws a water balloon at Sita, which hits Sita and splashes water on her. The motion of the water balloon and the impact on Sita’s body illustrate the use of force. Here, Priya’s action of throwing the balloon causes motion that affects Sita, showing how force can be applied through manipulating an object (the water balloon).
Comparison Table – BNS Section 128 vs IPC Section 349
| Point | BNS Section 128 | IPC Section 349 (Old) |
|---|---|---|
| Definition | Defines force as causing, changing, or stopping motion that impacts a person or belongings. | Similar definition of force under IPC 349. |
| Ways Force Can Be Applied | Bodily power, manipulating objects/substances, or using animals. | Bodily power, substance manipulation, animal use. |
| Requirement of Contact | Must result in contact with body or belongings. | Same requirement. |
| Effect Considered | Must affect sense of touch or position. | Same. |
| Update | Modernized and integrated into BNS 2023. | Part of IPC 1860, now repealed. |
BNS Section 128 FAQs
What does BNS Section 128 define?
It defines the use of force, including how it is applied to a person or their belongings.
How can force be applied according to BNS Section 128?
Force can be applied through bodily power, by manipulating a substance, or by inducing an animal.
What is required for force to be considered under this section?
The force must cause motion or change in motion that affects the person’s body or belongings.
Does BNS Section 128 specify the types of force?
Yes, it includes force applied directly, through substances, or by animals.
Conclusion
BNS Section 128 gives a precise definition of force, helping courts and law enforcement determine when an act qualifies as force in legal terms. By including not just direct physical contact but also actions through substances or animals, the section ensures that all possible scenarios are covered. It modernizes IPC Section 349 and provides a clearer interpretation under the new Bharatiya Nyaya Sanhita. Ultimately, Section 128 plays a foundational role in criminal law because many offences—like assault, wrongful restraint, or criminal intimidation—depend on whether force was used.
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Finished with BNS 128 ? 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 129 : Criminal force .
- https://marriagesolution.in/bns_section/bns-section-129/
- 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/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list