Law of Crimes - I(IPC) Project

7/24/2019 Law of Crimes - I(IPC) Project

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SVKMS NMIMS

SCHOOL OF LAW

A PROJECT SUBMITTED ON

OFFENCE OF CRIMINAL FORCE

IN COMPLIANCE TO THE PARTIAL FULFILLMENT OF THE MARKING SCHEME

FOR TRIMESTER V 2015-16, IN THE SUBJECT OF LAW OF CRIMES PAPER-I IPC!

SUBMITTED TO FACULT"

M#$ SUNIL GEORGE FOR EVALUATION

SUBMITTED B"%-ABHISHEK SHUKLA

ROLL NO% - A0&5

COURSE% - B$A$ LL$B$ H'()$!

DATE% - 25*+O*'.#$, TIME% - &%00/$

RECEIVED B"% - $$

ON DATE% - $$

TIME% - $

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INDE

TABLE OF ABBREVIATIONS

2

SR$NO$ TOPICS PG$NO

1$!

TABLE OF ABBREVIATIONS

TABLE OF CASES

RESEARCH METHODOLOG"

Relevance of the Topic

Objective of Study

Research Questions/Hypothesis

Limitation of Research

3

33

333

2$! CHAPTER-1- INTRODUCTION 4-

&$! CHAPTER-2- LEGAL ANAL"SIS 10-1

7$! CHAPTER-&- ROLE OF JUDICIARC" 1-22

5$! CHAPTER-7- COMPARITIVE STUD" 2&-26

6$! CHAPTER-5- CONCLUSION8SUGGESTIONS 24-2

4$! BIBLIOGRAPH" &0


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1. ovt.! overnment". #$R! #ll $ndia Reporter%. S&! Supreme &ourt'. H&! Hi(h &ourt

). *+! *nited +in(dom,. *.-! *ttar -radesh. *S! *nited States. Sec.! Section0. #rt.! #rticle1. &l. 2 &lause11. $-&! $ndian -enal &ode1". $3#! $ndian 3vidence #ct1%. 4ict.! 4ictionary1'. &RL5!&riminal La6 5ournal

TABLE OF AUTHORITIES

STATUTES%-

$ndian -enal &ode7 1,

$ndian 3vidence #ct7 1"

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&riminal -rocedure &ode7 10%

&riminal &ode of Russian 8ederation

Se9ual Offences #ct7 "%

-enal &ode of Sin(apore

Title 1 of the *nited States &ode

CASE LAWS% -

1. Tar:esh6ar Sahu vs. State of ;ihar


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from dischar(e of his duty or criminal force used a(ainst a 6oman 6ith an intention to outra(e

her modesty or use such force to confine a person. $n this project $ have dealt 6ith the concept in

(eneral (ivin( its meanin( and interpretation and lin:in( it to various situations as mentioned

above. The topic is very much relevant in todayC s 6orld as this project notifies a person and tells

him of 6hen force or criminal force is bein( used a(ainst him as in this project it clearly defines

force and criminal force and its meanin( in simple lan(ua(e. $n this project $ have put situations

of 6hich a person can find out of 6hen criminal force is bein( used a(ainst him7 so that a person

can file a complaint a(ainst the offender 6ho has committed such offence and (ain compensation

or can put the offender behind bars for the physical and mental dama(e caused to a person. This

topic is also related of the offence of criminal force in other countries7 and the difference

mentioned re(ardin( the punishment of such offence in various countries.

OBEJECTIVE OF THE STUD"

The objective of my study 6as to analyDe the topic thorou(hly and to enli(hten the reader about

the importance of this topic and to brin( out the relevance of this topic in todayCs 6orld. The aim

and objective in compilin( this project has also been dealin( 6ith international aspect of this

topic and comparin( this offence in different countries. The objective 6as also to find out the

relation bet6een the offences of criminal force and other crimes. The prime objective has been to

study this offence in depth and to see if there is any fla6 re(ardin( this offence and to provide a

solution to such fla6/fault.

RESEARCH 9UESTIONS8H"POTHESIS

Ehat do you mean by 8orceF

Ehat do you mean by &riminal 8orceF

ReBuirements for &riminal force to be an Offence under $-&F

-rovisions under the $-& in relation to the offence of criminal forceF &rimes related to the offence of criminal force under the $-&F

LIMITATION OF RESEARCH

This project is a compilation of secondary source of data7 no primary source of data has been

used in this project. Sources li:e ;oo:s7 #rticles7 5ournals7 and $nternet have been used to find

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information on this topic. This project does not contain all the necessary information as $ did not

(et ample of time to complete this assi(nment and did not research as much as $ could.

CHAPTER-1- INTRODUCTION

EVOLUTION

CONCEPTS8DOCTRINES

SCOPE OF THE TOPIC

EVOLUTION

La6 in $ndia has evolved from customary practices and reli(ious prescription to the modern 6ell

codified acts and la6s based on a constitution. Thou(h the recorded history of la6 starts only in

the Gedic period7 it is 6idely believed that ancient $ndia had some sort of le(al system in place

even durin( the ;ronDe #(e and the $ndus Galley civiliDation.The ori(in of criminal

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jurisprudence came into e9istence in $ndia from the time of >anu .>anu had reco(niDed :)):;acaulaymoved the House of &ommons to codify the 6hole criminal la6 in $ndia.

#ccordin(ly the 8irst la6 &ommission 6as established in 1%'. >r. >acaulay 6as the president

and >acleod7 #nderson and >illet 6as the commissioners of the commission. $n preparin( -enal

&ode they dre6 not only 3n(lish and $ndian la6s and Re(ulations7 but also upon Livin(stoneCs

Louisiana &ode and &ode of ?apoleon. # draft code 6as submitted to the overnor!eneral in

&ouncil on October 1'7 1%. $t 6as presented to the Le(islative &ouncil in 1), and 6as passed

on October ,7 1,. $t superseded all Rules7 Re(ulations7 and Orders of criminal la6 in $ndia. $t

provided a uniform criminal la6 for all people in ;ritish $ndia irrespective of caste7 creed or

reli(ion. The offence of criminal force has evolved from time immemorial as it 6as a punishable

under the ancient Hindu la6 the ;ritish codified it as a offence in the $-&7 1,. The offence 6as

punishable under Sec.%) and it came under the chapter @offences affectin( the Human body.A

There are Sections %'0!%) 6hich deal 6ith 8orce7 &riminal force and assault. The recent

&riminal La6 #mendment #ct7 "1% amended these sections and added ne6 sections re(ardin(

criminal force used a(ainst 6omen to outra(e her modesty. *nder Sec. %)' Sec. %)'#7 %)';7

%)'&7 %)'4 6ere added. The offence of criminal force has evolved from time to time7 accordin(

to the chan(es in the society.

CONCEPTS8DOCTRINES8THEORIES

The basic concept or theory behind7 6hy criminal force is an offence under the $-& or 6hy is it

punishable is dealt here. The framers of the code sayI Ee have found (reat difficulty in (ivin( a

definition of assault. The basic concept behind criminal force is that you use force a(ainst a

person 6ithout his consent7 and 6ith a bad intention a(ainst another person. 4ue to that use of

criminal force you have a motive to injure the person even if it is a minor injury. The reason 6hy

it is an offence because a person cannot force another person to do some act a(ainst his 6ill. $f

you use force and if that person has consented to it then it 6ill be not be a offence under the

$ndian penal code.

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SCOPE OF THE TOPIC

The offence of criminal force is not just defined under the $-& but the offence is related to many

acts re(ardin( a(ainst a public servant7 outra(in( the modesty of a 6oman. The scope of this

section is too 6ide as it also covers theft committed a(ainst a person by usin( criminal force andalso it covers if you 6ron(fully confine a person. The scope of this section 6as 6idened further

by the introduction of the &riminal La6 amendment #ct7 "1% by addin( ne6 sections relatin( to

use of criminal force li:e Sec. %)'#7 %)';7 %)'&7 %)'4.

S.*3'( &57Adeals 6ith the definition of =).>;:< +:#:)).(*A 6hich is very broadly defined

and criminaliDes acts li:e forcibly sho6in( porno(raphy7 physical contact and advances

involvin( un6elcome and e9plicit se9ual overtures7 demandin( or reBuestin( se9ual favours7 any

other un6elcome physical7 verbal or non!verbal conduct of se9ual nature. This section further

deals 6ith the punishment to be a6arded for the offence dependin( upon the act in Buestion.

Ehile demandin( or reBuestin( se9ual favours and physical contact or advances 6hich involve

un6elcome and e9plicit se9ual overtures is punishable 6ith ri(orous imprisonment of a term

6hich may e9tend to five years or 6ith fine or 6ith both7 the other three acts enumerated above

attract a lesser term 6hich may e9tend to one year or fine or both.

# bare readin( of this section sho6s that it is (ender neutral in nature.

8urther ).*3'( &57Bdeals 6ith offence 6here criminal force or assault is used up on a 6oman

6ith the intention of disrobin( her or compellin( her to be na:ed in public and penaliDes the

same 6ith an imprisonment term 6hich shall not be less than three years but may e9tend to

seven years and also attract fine. This section deals 6ith a very specific offence and adds to and

6ill supplement the provision dealin( 6ith the offence of outra(in( the modesty of a 6oman.

This is a 6elcome provision in vie6 of the fact that many cases have been reported in the ne6s

of 6omen bein( stripped in public as an instrument of punishment mostly in bac:6ard areas.

S.*3'( &57 C also deals 6ith the specific act of either 6atchin( or capturin( the ima(es of a

6oman en(a(in( in a private act 6here she e9pects privacy and observation by the perpetrator or

any other person at the behest of the perpetrator is not li:ely. Such 6atchin( or capturin( ima(es

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of a 6oman is criminaliDed and attracts an imprisonment term 6hich shall not be less than one

year but may e9tend to three years and fine. #lso on a subseBuent conviction the minimum

imprisonment term shall be that of three years e9tendable to seven years and also fine.

8or the purpose of this section the offence is 6idely defined and includes a situation 6here the

victim may have consented to the capturin( of ima(es or any act but not a(reed to the

dissemination of the same to any third person.

S.*3'( &57 DcriminaliDes the act of stal:in( 6hich interferes 6ith the mental peace of a

person or causes distress7 fear of violence or alarm. The same is punishable 6ith a minimum

imprisonment term of one year 6hich may e9tend to three years and also liable 6ith fine.

Ho6ever7 the offence is subject to certain e9ceptions li:e 6here a person can sho6 that the acts

done 6ere in pursuance of some la67 amounted to reasonable conduct or in order to prevention

of some crime.

CHAPTER-II- LEGAL ANAL"SIS

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The above chapter (ave a (eneral introduction of the topic7 in this chapter $ have been dealin(

6ith the criminal provisions relatin( to criminal force and the offences 6hich include such force.

Sections %'0!%) in the $-& deal 6ith offences of force7 criminal force and assault7 sec.%'07 %)7

%)1 define force7 criminal force and assault respectively. The remainin( sections deal 6ith

a((ravated forms of criminal force and assault and provide punishments.

C#33(:< P#'?3)3'()

S.*3'( &71as mentioned in the $-& says that # person is said to use force to another if he

causes motion7 chan(e of motion7 or cessation of motion to that other7 or if he causes to any

substance such motion7 or chan(e of motion7 or cessation of motion as brin(s that substance into

contact 6ith any part of that otherJs body7 or 6ith anythin( 6hich that other 6earin( or carryin(7

or 6ith anythin( so situated that such contact affects that otherJs sense of feelin(I provided that

the person causin( the motion7 or chan(e of motion7 or cessation of motion causes that motion7

chan(e of motion7 or cessation of motion in one of the three 6ays hereinafter described.

F3#)*% -;y his o6n bodily po6er.

S.'(@


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have used force a(ainst another if he causes motion7 chan(e of motion or cessation of motion to

that other. ?o6 as understandin( the definition of force under sec. %'07 criminal force is defined

under sec. %) 6hich is discussed briefly belo6.

S.$&50&

defines #33(:< '#.as 6hoever intentionally uses force to any person7 6ithout that

personJs consent7 in order to the committin( of any offence7 or intendin( by the use of such force

to cause7 or :no6in( it to be li:ely that by the use of such force he 6ill cause injury7 fear or

annoyance to the person to 6hom the force is used7 is said to use criminal force to that other.

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%. $t must have been used !a= $n order to committin( of an offence or7b= Eith the intention to cause7 or :no6in( it to be li:ely that he 6ill cause injury7

fear or annoyance to the person to 6hom it is used.

$t is very essential to note that the use of force must be intentional. The definition of force

contemplates the presence of the person usin( the force and of the person to 6hom the force is

used. Ehen a person brea:s open the loc: of a house in the absence of the person in possession

of the house and ta:es possession thereof7 the possession ta:en is 6ithout any force or sho6 of

force'. The term force mentioned in Sec. %'0 comes only into e9istence if used a(ainst a person

and does not follo6 if used a(ainst any matter or substance. 8or instance to stri:e a pot 6hich a

man is carryin( and 6hich is in contact 6ith that manCs body7 constitutes the offence of criminal

force if it is done to cause him fear7 annoyance7 etc7. #nd if that person is a public servant in thedischar(e of his duties7 the offence is punishable under sec. %)%). $n 5ai RamCs case 6here the

accused 6ent to the field of another and the cut the crops so6n by him and on the latter resistin(

they raised stic:s to stri:e him and other ran a6ay to save himself7 it 6as held by the court that

the accused 6ere (uilty of usin( force by means of bodily po6er 6ithin the meanin( of this

section,. The term criminal force in 3n(lish La6 is called ;attery. &riminal force may be so

sli(ht that it may not amount to an offence7and it 6ill be observed that criminal force does not

include anythin( that the doer does by means of another person.

S.*3'( &51defines A)):;


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E>/yers


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by him. $n other 6ords7 battery is the consummation of the assault. $n assault actual contact 6ith

the body of another person is not necessary. $n battery7 ho6ever7 it is essential.1# battery

includes an assault but vice versa is not true.

This section reBuires t6o thin(sI!

1. >a:in( of any (esture or preparation by a person in the presence of another.". $ntention or :no6led(e of li:elihood that such (esture or preparation 6ill cause the

person present to apprehend that the person ma:in( it is about to use criminal force to

him.

S.*3'( &52says that Ehoever assaults or uses criminal force to any person other6ise than on

(rave and sudden provocation (iven by that person7 shall be punished 6ith imprisonment of

either description for a term 6hich may e9tend to three months7 or 6ith fine 6hich may e9tend to

five hundred7 or 6ith both.

E>/od 1'0

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This section applies 6hen a public servant is dischar(in( the duty imposed on him by the virtue

of his office in other 6ords7 he must be performin( an act7 6hich is so inte(rally connected 6ith

the duty attached to his office as to form part of it.11

The follo6in( reBuirements must be satisfiedI!

1. There must be assault or criminal force". Such assault or criminal force must have been made on a public servant%. $t must have been made on a public servant!

a= Ehile he 6as actin( in the e9ecution of his dutyb= Eith intent to prevent or deter him from dischar(in( his dutyc= $n conseBuence of anythin( done or attempted to be done by him in the dischar(e

of duty.

S.$ &57protects the modesty of a 6oman it reads as 6hoever assaults or uses criminal force toany 6oman7 intendin( to outra(e or :no6in( it to be li:ely that he 6ill thereby outra(e her

modesty7 shall be punished 6ith imprisonment of either description for a term 6hich may e9tend

to t6o years7 or 6ith fine7 or 6ith both.

#n indecent assault is punishable under this section. ;efore applyin( this section the follo6in(

essentials must be presentI!

1. #ssault or use of criminal force on a 6oman

". Such assault must have been made 2a= Eith the intention to outra(e her modesty7 orb= Eith :no6led(e that her modesty 6as li:ely to be outra(ed.1"

Sections %')# to %)'4 6ere added by the C#33(:< L: A.(@.(* A*, 201&6hich are

defined in the ne9t para(raph.

&57A. deals 6ith S.>;:< H:#:)).(* :(@ /;(3)+.(* '# S.>;:< +:#:)).(*it reads as!


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39planation ".Ehere the victim consents to the capture of the ima(es or any act7 but not to

their dissemination to third persons and 6here such ima(e or act is disseminated7 such

dissemination shall be considered an offence under this section.

&57D. deals 6ith S*:


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S.$ &54Ehoever assaults or uses criminal force to any person7 in attemptin( 6ron(fully to

confine that person7 shall be punished 6ith imprisonment of either description for a term 6hich

may e9tend to one year7 or 6ith fine 6hich may e9tend to one thousand rupees7 or 6ith both.

S.$ &5Ehoever assaults or uses criminal force to any person on (rave and sudden

provocation (iven by that person7 shall be punished 6ith simple imprisonment for a term 6hich

may e9tend to one month7 or 6ith fine 6hich may e9tend to t6o hundred rupees7 or 6ith both.

39planationI ! The last section is subject to the same 39planation as section %)".

CHAPTER-III- ROLE OF JUDICIAR"

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IMPORTANT LEGAL PRINCIPLES

1$ T:#.)+:# S:+; ?)$ S*:*. ' B3+:# (' J+:#+:(@!1&

F:*) ' *+. C:).%-

On 1th 8ebruary7 1007 at about 1.% a.m.7 Tara >uni +umari7 a(ed about 1" years7 came out of

her house to ans6er the call of nature. The accused7 Tar:esh6ar Sahu7 had forcibly ta:en her to

his hut for havin( illicit se9ual intercourse 6ith her. The (irl raised an alarm7 and immediately

thereafter several persons came from the adjoinin( houses and cau(ht the accused before he

could ma:e any attempt to rape the (irl.

D.3)3'( *+. C';#*)%-

1$ T+. T#3:< C';#* H3+ C';#*

The trial court arrived at a findin( that the prosecution had fully established the char(e under

sections %,


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rape. $n doin( so7 the &ourt Buoted more jud(ments7 tryin( to reinforce the vie6 if there is no

rape7 it amounts only to Moutra(in( the modesty of a 6omanC1)and not to an attempt to rapeI

@$n R:: ?$ S*:*. ' R::)*+:(167 it 6as stated as underI @The accused too: the minor to solitary

place but could not commit rape. The conviction of accused 6as altered from Section %,/)11 to

one u/s %)'.A

@The &ourt in N;(: ?$ E/.#'#14stated as follo6sI @The accused too: off a (irlCs clothes7 thre6

her on the (round and then sat do6n beside her. He said nothin( to her nor did he do anythin(

more. $t is held that the accused committed an offence under Section %)' $-& and 6as not (uilty

of an attempt to commit rape.A

$n this case7 the &ourt did imprison the accused but under other sections of the $ndian -enal

&ode7 reinforcin( the feelin( that no man in $ndia can attempt rape. The point to be noted is that

the $ndian la6 does not reco(niDe an attempt to rape as a crime by itself7 and the moment a rapist

is unsuccessful in his intentions7 his act automatically becomes one of outra(in( the modesty of a

6oman


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amounted to obstructin( a police!officer in the dischar(e of his duty and constituted an offence

under Sec. %)' of the $ndian -enal &ode.

&$ R'). ?)$ K./*+'#(.1

$n this case the facts of the case (o as7 the appellant met the respondent in the street and tendered

him an order for discovery7 6hich had been made a(ainst the respondent in a &ounty &ourt

action7 the appellant actin( on behalf of the solicitor to the other party to the action. The

respondent refused to accept the document7 and the appellant thrust it into the inner!fold of the

respondentCs coat. $t 6as held that as the appellant 6as entitled to serve the respondent

personally and 6as not (uilty of an assault on the respondent.

LANDMARK CASES

1$ S*:*. ' P;(: ?)$ M:'# S3(+1

# three jud(e S& bench decided7 injury to va(ina of a female child of seven and half months can hold

accused (uilty of outra(in( modesty under S.*3'( &57.

The jud(e Sar:ar7 &.5 interpreted that an act done 6ith the intention or :no6led(e that it 6as

li:ely to outra(e the 6omanJs modesty be considered alon( 6ith femaleCs reaction. 8emales of all

a(e do not possess modesty7 6hich can be outra(ed and dismissed the appeal.

The second jud(e >udhol:ar7 Buoted MmodestyC as not referrin( to a particular 6oman but to the

accepted notions of 6omanly behaviour and society. Ehether female has capacity to understand or not

is immaterial7 allo6ed the appeal and held conviction under Section %)'. #s per the third jud(e

;acba6at7 5. the e9pression 6oman denotes a female human bein( of any a(e. The culpable

intention to outra(e the modesty bein( the bottom line of the matter and a(reed 6ith the order of

>udhol:ar.

2$ R;/:( D.'< B:: ? K$P$S$ G3


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# 4- 6ho slapped on the posterior of lady $#S 6as accused of outra(in( modesty.

# compliant 6as filed. Later revision complaint under Section '" of the &r.-.& "16as filed 6hich

6as Buashed by Hi(h &ourt. The prosecutri9 challen(ed it7 S& directed &hief 5udicial >a(istrate to

ta:e co(niDance.

Trial found accused (uilty under Section %)'7 )0 $-& and sentenced imprisonment 6ith fine. $n an

appeal7 Sessions 5ud(e confirmed conviction7 altered the sentence releasin( accused on probation 6ith

fine enhanced to Rs. )7/!. On challen(in( this7 the H& did not interfere 6ith the conviction but

enhanced fine to Rs. "7 7/! .This too 6as challen(ed.

The S& did not set aside the findin(s of the various courts and observations of H& as it had set an

e9ample and enhanced the faith of a common man in judiciary. #s accused had completed the period

of probation 6ithout any complaint or violation7 so no other punishment 6as 6arranted and appeal

dismissed.

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CHAPTER-IV- COMPARITIVE STUD"

SINGAPORE

$n Sin(apore under the -enal code of Sin(apore the offence of criminal force is defined the same

as defined in the $ndian -enal &ode7 1, but there are certain differences in certain sections

re(ardin( criminal force in comparin( the penal code of Sin(apore and $ndia. *nder the $ndian

-enal &ode Sec. %'0! %) deal 6ith assault7 force and criminal force7 similar sections deal 6ith

force criminal force and assault in the -enal code of Sin(apore. The difference in both these

country codes comes in the e9planation and the -unishment (iven by the t6o countries for such

offences. $n $ndia under Sec. %)' 6hich deals 6ith #ssault or criminal force to 6oman 6ith

intent to outra(e her modesty but in Sin(apore under Sec. %)'""it says #ssault or use of criminal

force to a person 6ith intent to outra(e modesty. $n $ndia Sec. %)' is only restricted to a 6oman

and does not e9tend to a man7 6hereas in Sin(apore Sec. %)' e9tends to both the >an and the

Eoman. ?o6 the -unishment for the offence under Sec. %)' in $ndia is 6ith imprisonment of

either description for a term 6hich may e9tend to t6o years7 or 6ith fine7 or 6ith both7 but in

Sin(apore the -unishment is imprisonment for a term 6hich may e9tend to " years7 or 6ith fine7

or 6ith canin(7 or 6ith any combination of such punishments. *nder Sec. %)' of the -enal code

of Sin(apore there is a Subsection " 6hich protects the person belo6 the a(e of 1' years a(ainst

6hom such offence is committed7 it provides for a punishment of imprisonment for a term 6hich

22 httpI//statutes.a(c.(ov.s(/aol/search/display/vie6.6%pidentPc'da,ff!d'"f!'f0!cc!

b,ad01ceaacapa(ePBueryP4oc$d%#")e,',!0'b!',"c!b))!,aa))dcb'""4epth

%#"Status%#inforcerecP-'G$!-'%'0!. 4ateI! %rd?ov. TimeI! 'I -.>

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may e9tend to ) years7 or 6ith fine7 or 6ith canin("%7 or 6ith any combination of such

punishments.

UNITED STATES OF AMERICA

$n the *S criminal force is not defined in any of the la6s but the concept of assault is defined in

the *S under C+:/*.# 4of T3*


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S.*3'( 11&24provides punishments for assault 6ithin the special maritime and territorial

jurisdiction of the *nited StatesI for assault 6ith intent to commit murder7 imprisonment for not

more than " years for assault 6ith intent to commit any felony e9cept murder or a felony under

chapter 10#7 by a fine under this title or imprisonment for not more than ten years7 or both for

assault 6ith a dan(erous 6eapon7 6ith intent to do bodily harm7 and 6ithout just cause or

e9cuse7 by a fine under this title or imprisonment for not more than ten years7 or both for assault

by stri:in(7 beatin(7 or 6oundin(7 by a fine under this title or imprisonment for not more than si9

months7 or both simple assault7 by a fine under this title or imprisonment for not more than si9

months7 or both7 or if the victim of the assault is an individual 6ho has not attained the a(e of 1,

years7 by fine under this title or imprisonment for not more than 1 year7 or both assault resultin(

in serious bodily injury7 by a fine under this title or imprisonment for not more than ten years7 or

both assault resultin( in substantial bodily injury to an individual 6ho has not attained the a(e of

1, years7 by fine under this title or imprisonment for not more than ) years7 or both.

S.*3'( 11&also defines substantial bodily injury as bodily injury 6hich involves a temporary

but substantial disfi(urement7 or a temporary but substantial loss or impairment of the function

of any bodily member7 or(an7 or mental faculty7 and defines serious bodily injury as the

meanin( (iven that term in section 1%,) of this title.

RUSSIA

$n Russia underThe &riminal &ode of the Russian 8ederation"the offence of &riminal force is

not defined but there are certain offences 6hich are related to the use of criminal force for e.(

;attery includes the use of criminal 8orce. $n Russian &ode as the offence of &riminal 8orce is

not defined the offence of ;attery is ta:en an offence for e9planation. B:**.#is defined under

A#*$11626hich reads as=;attery or the commission of similar violent actions7 6hich have

27Supra 1

28httpI//666.russian!criminal!code.com/-art$$/SectionG$$/&hapter1,.html4ate I "nd ?ov. TimeI!

"I-.>

29The &riminal &ode of Russian 8ederation7 -art!$$7 Section. G$$7 &hapter! 1,

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caused physical pain but not involved the conseBuences referred to in #rticle 11) of this &ode7

shall be punishable by a fine in the amount of up to 1 minimum 6a(es7 or in the amount of the

6a(es or salary or any other income of the convicted person for month7 or by compulsory 6or:s

for a period of time from 1" to 1 hours7 or by corrective labour for a term of up to si9

months7 or by arrest for a term of up to three months.

A#*$ 115deals 6ith $ntentional $nfliction of Li(ht $njury

$ntentional infliction of li(ht injury 6hich has caused temporary dama(e of health or an

insi(nificant stable loss of (eneral capacity for 6or:7 shall be punishable by a fine in the amount

from ) to 1 minimum 6a(es7 or in the amount of the 6a(es or salaries or any other income of

the convicted person for a period of up to one month7 or punishable by compulsory 6or:s for a

term of from 1 to "' hours7 or corrective labour for a term of up to one year7 or by arrest for a

term of from t6o to four months.

LAWSOF ENGLAND%-

3n(lish la6s are very clear. The definition of minor terms such as a penetration7 assault7 touchin( etc

is provided distinctly. 8or e9ample a clear definition of touchin( is provided 6hich says touchin(

includes touchin( 6ith any part of the body7 6ith anythin( else7 or throu(h anythin( and in particular

includes touchin( amountin( to penetration%.Outra(in( the modesty of 6oman has been included in

Se9ual Offences.

Separate la6s are enacted for Se9ual Offences a(ainst children belo6 the a(e of 1% %17 &ausin( or

incitin( a child to aven(e in Se9ual #ctivity%"7 Se9ual #ctivity 6ith a mentally disordered person%%7

Se9ual #ctivity at 6or: place%'etc are present.

30 Se9ual Offences #ct "% s 0


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3n(lish la6 clearly states harsh punishments for offences by police officers7 teachers7 doctors7 elite

officials etc 6hile on duty. There have been cases 6here &ourt has a6arded dama(es of U17 to

U%7%). Gery fe6 such provisions have been provided under our la6s. Se9ual offences a(ainst

6omen at 6or:place are reported in our country too but there is absence of apparent and precise la6s

e9cept Supreme &ourtCs Gisha:ha uidelines%,.

CHAPTER-V- CONCLUSION

Offence of &riminal force is not a serious offence in the $ndian -enal &ode as the -unishment for

such offence is not that serious and it is a bailable offence. $n $ndia the Offence of &riminal force

6as present in ancient Hindu la6 and the >uslim La67 but it 6as a not a serious offence. The

;ritish did not codify the criminal la6 in $ndia7 until 1,7 6hen the $-& 6as enacted and came

35$:ram v. Eaterbury ;d. of 3duc.7 ?o. %I0)&G"'7 100 EL )01117 at 1See Also Tiffany N &o. v.

Smith7 ""' #4 "d %%"7 ,% ?VS "d ')'.

36 #.$.R. 100 S.&. %11

27


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into force. The offence of criminal force7 8orce and #ssault 6ere mentioned under Sec. %'0!%).

Later on 6hen &riminal La6 in $ndia developed certain sections 6ere added as due to chan(e in

time and chan(e in the society. ?o6 durin( the 1,Cs the 6oman 6ere not reco(niDed as a

inte(ral part of the society and a lot of ri(hts didnCt e9ist for them7 but due to chan(e in time

6oman are a very inte(ral part of society and play a very major role in the society today. 3arlier

6oman 6ere not allo6ed to 6or: but today 6oman play a major hand in the runnin( of the

country. Eoman 6ere bein( raped and assaulted se9ually harassed7 and the crime rate a(ainst

6oman 6as increasin( at a massive rate in order to protect the 6oman the ovt. passed the

&riminal La6 #mendment #ct7 "1% to protect the 6oman form se9ual harassment at 6or: place

to protect them from all evils of the society and crimes7 6hich 6ere not mentioned in the $-& till

date. So you can see ho6 la6 has chan(ed from time to time. 3arlier under Sec. %'0!%)

included only punishment for certain acts7 but no6 it includes Sec.%)'#7 %)';7 %)'& %)'4

6hich deals 6ith Goyeurism7 Stal:in(7 $ntention to disrobe a 6oman7 se9ual harassment. The

$-& does not only protect the 6oman a(ainst 6hom criminal force is used7 it also protects the

persons a(ainst 6hom criminal force is used in attempt to commit theft of property carried by a

person%7 it also protect the public servant%a(ainst 6hom criminal force is used to deter from

dischar(in( his duty%07 protects a person from bein( 6ron(fully confined'. The offence of

&riminal 8orce is 6hen a person uses force a(ainst another force 6ithout his consent 6ith an

intention to commit an offence or cause injury to another person or causes fear or annoyance

a(ainst 6hom the force is used.

The essential in(redients reBuired to commit such offence isI!

1. The intentional use of force to any person.". Such force must have been used 6ithout the personCs consent.%. $t must have been used !

a= $n order to committin( of an offence or7

37Sec. %), of $-&7 1,

38Sec. "1 of $-&7 1,

39Sec. %)% of $-&7 1,

40Sec. %) of $-&7 1,

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b= Eith the intention to cause7 or :no6in( it to be li:ely that he 6ill cause injury7

fear or annoyance to the person to 6hom it is used.

The offence of criminal force has evolved from time to time. The courts have also ta:en certain

steps and in various 5ud(ments it has interpreted the sections in the $ndian -enal &ode 6hichinvolve the offence of criminal force. $n Tar:esh6arCs Sahu case the court has interpreted Sec.

%)' and sayin( that an attempt to rape 6ill fall under this section. The section clearly mentions

#ssault or criminal force used 6ith an intention to outra(e her modesty. The S& said as attempt

to rape is not defined any6here in the $-&7 Sec. %)' has that scope to cover such offence. $t does

not only protect 6oman7 it protects public servants 6hen criminal force is used a(ainst them

6hen dischar(in( their duty


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The su((estions for the topic of '.(. ' #33(:< '#.are my o6n vie6s7 and $ totally feel

that the recommendations 6hich are mentioned belo6 should be follo6ed and (ivin( a valid

reason behind it. Some countries donCt reco(niDe the use of criminal force as an offence. $ feel

that such recommendations are necessaryI !

1. The #mendment to Sec. %)' 6hich deals 6ith assault or criminal force 6ith an

intent to outra(e a 6omanCs modesty. $ seriously recommend that the 6ord

6oman should be replaced by persons7 as $ donCt understand 6hy is the la6

favorin( only one (enderF $f the section is amended7 6oman 6ill still be protected

under this section. The scope of this section 6ill increase and as $ thin: even men

have a threat from society a(ainst their modesty7 such crime can be committed

a(ainst them also.

". The punishment for offence under Sec. %)' should be amended and be increased7

and the offence at present is bailable and co(niDable offence and non!

compoundable7 $ 6ould su((est that it should be chan(ed to non!bailable.%. $ 6ould li:e to su((est that a ne6 section should be added protectin( minors7 as

crimes a(ainst minors is risin( at unstoppable rate. $t 6ould be as I(@..(*

:)):;


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$ndian -enal &ode71, by Ratanlal and 4hirajlal %%rdedition

&riminal and &riminolo(y by +rishna 4eo +umar

BARE ACTS%-

$ndian -enal &ode7 1,

$ndian 3vidence #ct7 1"

&riminal -rocedure &ode7 10%

&riminal &ode of Russian 8ederation

Se9ual Offences #ct7 "%

-enal &ode of Sin(apore

Title 1 of the *nited States &ode

WEBSITES REFFERED%-

httpI//666.6omens6eb.in/"1"//rape!attempt!crime!in!india/

httpI//666.indianla6cases.com/#ct!$ndian.-enal.&ode71,!1,

httpI//666.russian!criminal!code.com/-art$$/SectionG$$/&hapter1,.html

httpI//statutes.a(c.(ov.s(/

httpI//666.la6.cornell.edu/uscode/te9t/1/part!$/chapter!

httpI//nlrd.or(/resources!6omens!ri(hts/rape!la6s

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http://www.womensweb.in/2012/07/rape-attempt-crime-in-india/http://www.indianlawcases.com/Act-Indian.Penal.Code,1860-1806http://www.russian-criminal-code.com/PartII/SectionVII/Chapter16.htmlhttp://statutes.agc.gov.sg/http://www.law.cornell.edu/uscode/text/18/part-I/chapter-7http://nlrd.org/resources-womens-rights/rape-lawshttp://www.womensweb.in/2012/07/rape-attempt-crime-in-india/http://www.indianlawcases.com/Act-Indian.Penal.Code,1860-1806http://www.russian-criminal-code.com/PartII/SectionVII/Chapter16.htmlhttp://statutes.agc.gov.sg/http://www.law.cornell.edu/uscode/text/18/part-I/chapter-7http://nlrd.org/resources-womens-rights/rape-laws


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