BNS Section 128

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Introduction of BNS Section 128

Section 128 of the Bharatiya Nyaya Sanhita (BNS) defines what constitutes the use of force. This section explains how force can be applied to another person or object, including how motion, change of motion, or cessation of motion can affect a person or their belongings. It details the ways force can be applied, whether through bodily power, through a substance, or by inducing an animal.

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The Bharatiya Nyaya Sanhita (BNS) Section 128 replaces the old Indian Penal Code (IPC) Section 349.

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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.

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BNS 128 in Simple Points

1. Definition of Force:
   • Force is when a person causes motion, change in motion, or stopping motion to someone or something. This can involve physical contact or manipulation of objects that affect a person’s body or belongings.
2. Ways to Apply Force:
   • Bodily Power: Force can be directly applied using one’s own physical strength. For example, pushing or hitting someone.
   • Substance Manipulation: Force can be applied by causing an object to move or change direction on its own, like throwing a ball at someone.
   • Animal Induction: Force can be applied indirectly by making an animal move or act in a way that affects another person, such as using a dog to chase someone.
3. Contact Requirement:
   • For force to be legally recognized, it must result in physical contact with the person’s body or belongings. This means the action must directly affect the individual or their possessions.
4. Impact on Senses:
   • The force must be significant enough to impact the person’s sense of touch. If the motion or contact affects how the person feels, it falls under the definition of force.
5. Purpose of the Definition:
   • The definition helps clarify what is legally considered force, setting boundaries for lawful and unlawful actions. It ensures that the application of force is understood in legal contexts, whether through direct bodily action, manipulation of objects, or using animals.

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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. What Constitutes Force:
   • Force involves any action that causes motion, changes motion, or stops motion, impacting a person or their belongings.
2. Direct Bodily Power:
   • Force can be applied directly through physical actions such as pushing or striking.
3. Indirect Force Through Substances:
   • Manipulating an object to move or change direction without further physical action can be considered as applying force.
4. Animal-Induced Force:
   • Using animals to cause movement or change in another person’s position is also considered force.
5. Physical Contact Requirement:
   • The force must result in contact with the person’s body or belongings for it to be legally recognized.
6. Effect on the Person:
   • The force must be enough to affect the person’s sense of touch, demonstrating a tangible impact.
7. Clarification of Legal Force:
   • The section helps define what actions are considered force under the law, distinguishing between lawful and unlawful acts.
8. Examples of Force:
   • Examples include hitting someone, throwing an object at someone, or directing an animal to affect another person.
9. Legal Relevance:
   • Understanding how force is applied is crucial for legal proceedings to determine if an action falls under this definition.
10. Purpose of the Law:

• The law aims to provide clear definitions to ensure proper legal interpretation and application of force in various situations.

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).

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Bharatiya Nyaya Sanhita Section 128

Points	Details
Definition	Force involves causing, changing, or stopping motion that affects a person or their belongings.
Imprisonment	Possible imprisonment if found guilty.
Fine	Possible monetary fine if found guilty.
Bailable	Generally bailable depending on the context.
Classification	Defines what constitutes force in legal terms.

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BNS Section 128 FAQs

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