Criminal Force and Assault Under Bharatiya Nyaya Sanhita (BNS), 2023: A Complete Legal Guide

On July 1, 2024, India witnessed a major overhaul of its criminal justice framework as the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the colonial-era Indian Penal Code, 1860 (IPC). While core principles protecting personal liberty and physical security remain intact, the statutory architecture has been renumbered, modernized, and integrated into contemporary legal realities.

Among the fundamental offences safeguarding bodily integrity are "Force," "Criminal Force," and "Assault." Historically governed by Sections 349 through 358 of the IPC, these offences are now codified under Chapter VI of the BNS, primarily spanning Sections 128 through 136. This guide details how the BNS defines these acts, examines their legal elements, explains the applicable punishments, and outlines legal remedies available under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

1. Understanding 'Force' Under Section 128, BNS

Before determining criminality, the law establishes what constitutes physical "force" in a strictly mechanical and legal sense. Section 128 of the BNS (corresponding to Section 349 of the IPC) provides that a person causes force to another if they cause motion, change of motion, or cessation of motion to that other person, or bring any substance into contact with any part of that person's body or clothing.

To fall within this definition, the motion or change must be caused via one of three methods:

By bodily power: For example, directly pushing someone or pulling their hand.
By disposing any substance: For example, tilting a bucket of water over someone or setting a tripwire that alters their movement.
By inducing an animal: For example, urging a dog to lunge at or chase someone.

Force by itself is neutral; it is not inherently an offence. A physician handling a patient or a person guiding a pedestrian exerts force. It becomes actionable under criminal law only when exerted without consent and with culpable intent.

2. Defining 'Criminal Force' Under Section 129, BNS

Section 129 of the BNS (formerly Section 350 of the IPC) defines Criminal Force. A person uses criminal force when they intentionally use force on another person without that person's consent:

In order to commit any offence; or
Intending, or knowing it to be likely, that the force will cause injury, fear, or annoyance to the person to whom the force is applied.

Essential Ingredients of Section 129:

Intentional Application: Accidental contact (such as bumping into someone in a crowded Mumbai local train) does not amount to criminal force.
Absence of Consent: If the act is performed with valid, informed consent (e.g., participants in a regulated boxing match), it is not criminal force.
Unlawful Objective or Consequence: The force must either be used to advance an offence or be intended/known to cause injury, fear, or annoyance.

Illustration: If 'A' intentionally pulls down the veil or scarf of 'B' in a public street without 'B's consent, intending to cause her annoyance or distress, 'A' has used criminal force under Section 129.

3. What Constitutes 'Assault' Under Section 130, BNS?

In lay terms, "assault" is often conflated with a physical beating. In Indian criminal jurisprudence, however, assault does not require actual physical contact. Section 130 of the BNS (formerly Section 351 of the IPC) defines assault as an act where someone makes any gesture or preparation, intending or knowing it to be likely that such gesture or preparation will cause the person present to apprehend that criminal force is about to be used against them.

Critical Principles of Assault:

Apprehension of Immediate Force: The complainant must reasonably fear that criminal force is imminent. A threat to use force next week is not an assault; raising a fist while standing within striking distance is.
Words Alone Do Not Amount to Assault: Section 130 explicitly clarifies that mere verbal abuse, insults, or phone threats do not constitute an assault. However, spoken words or gestures that accompany the preparation can give meaning to the action and turn an ambiguous gesture into an assault.

Illustration: If 'A' unlooses the muzzle of a ferocious dog in front of 'Z', intending to cause 'Z' to believe that the dog will attack him, 'A' commits an assault.

4. Key Distinctions: Force vs. Criminal Force vs. Assault

Attribute	Force (Sec. 128)	Criminal Force (Sec. 129)	Assault (Sec. 130)
Physical Contact	Yes (Direct or indirect contact/motion).	Yes (Physical contact or impact must occur).	No (Physical contact has not yet occurred).
Mental State	Neutral; strictly defines mechanical act.	Requires intent to cause injury, fear, or annoyance.	Requires intent to create reasonable apprehension.
Criminal Liability	None on its own.	Punishable under BNS provisions.	Punishable under BNS provisions.
Stage of Act	Mechanism.	Completed act of unlawful physical impact.	The preparatory gesture or threat preceding impact.

In short: Assault is the imminent threat; Criminal Force is the impact.

5. Penalties and Aggravated Offences Under BNS

The Bharatiya Nyaya Sanhita categorizes assault and criminal force into general and aggravated categories:

A. Punishment for Simple Assault or Criminal Force (Section 131)

Whoever assaults or uses criminal force to any person without grave and sudden provocation is punishable with imprisonment of either description for a term which may extend to three months, or with a fine which may extend to one thousand rupees, or with both.

B. Deterring a Public Servant (Section 132)

Section 132 penalizes assault or criminal force used against a public servant discharging their official duties. Given the public order implications, this aggravated offence carries imprisonment for up to two years, or a fine, or both.

C. Assault to Outrage Modesty (Section 74)

Where assault or criminal force is directed at a woman with the intent to outrage her modesty, the offence is governed separately under Section 74 of the BNS (formerly Section 354 IPC). It attracts stringent punishment of imprisonment of not less than one year, which may extend to five years, along with a mandatory fine.

D. Assault in Theft or Confinement (Sections 134 & 135)

Section 134: Assault or criminal force in an attempt to commit theft of property carried by a person (imprisonment up to two years, fine, or both).
Section 135: Assault or criminal force in an attempt to wrongfully confine a person (imprisonment up to one year, fine up to one thousand rupees, or both).

E. Impact of Provocation (Section 136)

If an assault or criminal force is committed on grave and sudden provocation given by the complainant, the penalty is reduced to simple imprisonment up to one month, or a fine up to two hundred rupees, or both.

6. Procedural Roadmap Under BNSS, 2023

When faced with an incident involving criminal force or assault in Maharashtra (whether in Mumbai, Thane, or Mira Road), procedural remedies are invoked under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):

Cognizable vs. Non-Cognizable Offences: Simple assault under Section 131 BNS is generally non-cognizable and bailable. Aggravated forms, such as Section 132 (against a public servant) or Section 74 (outraging modesty), are cognizable and non-bailable.
Filing an Information/FIR (Section 173, BNSS): For cognizable offences, an FIR can be registered at the local police station or submitted digitally/as zero FIR. For non-cognizable offences, the police record an entry in the Non-Cognizable (NC) register, and the complainant may approach the competent Magistrate under Section 174 BNSS.
Bail and Legal Defense: Accused individuals facing allegations under aggravated sections can seek anticipatory bail under Section 482 of the BNSS or regular bail under Sections 480/481 of the BNSS through the Sessions Court or High Court.

Frequently Asked Questions (FAQs)

1. Does pointing a weapon or raising a stick qualify as assault under BNS?

Yes. Under Section 130 of the BNS, raising a weapon, raising a fist, or brandishing an object in close proximity to a person, causing them to believe they are about to be hit, constitutes assault—even if no blow is ultimately struck.

2. Can abusive language or threats over WhatsApp amount to assault?

No. Mere words do not constitute assault under Section 130 of the BNS. However, threatening someone digitally can be prosecuted under criminal intimidation (Section 351 BNS), insult with intent to provoke breach of peace (Section 352 BNS), or relevant provisions of the Information Technology Act, 2000.

3. Are offences under Section 131 BNS compoundable?

Yes. Simple assault or criminal force without grave provocation can be compounded (settled) by the person assaulted, subject to the procedures outlined under Section 359 of the BNSS.

4. What should I do if the police register only an NC instead of an FIR for physical assault?

If the physical act caused bodily hurt or involved weapons or harassment, it may attract cognizable sections (such as Section 115 BNS for voluntary hurt or Section 74 BNS for women). If the police register an NC improperly, you can file a formal complaint before the jurisdictional Judicial Magistrate under the BNSS.

Consult APS Law for Criminal Litigation & Legal Advice

Navigating criminal complaints—whether you are a victim seeking an effective legal remedy or an individual facing false or escalated charges under the Bharatiya Nyaya Sanhita—requires prompt and meticulous legal counsel.

APS Law provides representation across Mumbai, Thane, and the Mira-Bhayandar region for pre-litigation advisories, FIR registration, bail applications under BNSS, and criminal trial defense. Contact APS Law today to schedule a consultation regarding your matter.