The Bhartiya Nyay Sanhita (BNS) 2023 introduces new legal provisions, replacing the outdated Indian Penal Code (IPC) 1860. One of the significant sections in this reform is BNS Section 128 Force Defined. This section clearly explains the concept of force, its applications, and how courts interpret it in various situations.
In this article, we will break down BNS Section 128 Force Defined in simple terms. We will explore case laws, a short summary, and essential legal insights.
Understanding BNS Section 128 Force Defined
What is Force Under Section 128?
According to BNS Section 128 Force Defined, a person is said to use force when they:
- Cause motion – Make an object or person move.
- Change motion – Alter an ongoing movement.
- Stop motion – Halt the movement of an object or individual.
Additionally, force includes actions where an object is brought into contact with a person’s body, belongings, or anything that affects their sense of feeling.
Methods of Applying Force
Section 128 explains that force can be used in three ways:
- Physical application – Using one’s own body strength.
- Manipulating objects – Placing an object in motion that later impacts another person.
- Using animals – Commanding an animal to act in a way that affects another person.
These three categories ensure that both direct and indirect applications of force are covered under the law.
Case Laws Related to Section 128
To understand BNS Section 128 Force Defined better, let’s examine real-world case laws.
1. R v. Cotesworth (1704)
This English case set a precedent for defining force. A doctor spat on another person’s face. The court ruled that even minor contact that affects the victim’s sense of dignity or feeling qualifies as force.
Relevance: Even non-violent actions, like spitting, can be considered force under Section 128.
2. State of Maharashtra v. Kumar Appa (2004)
A person threw a stone at another individual, causing injury. The court ruled that force was used even though there was no direct physical contact between the two individuals.
Relevance: Indirect force, such as throwing objects, falls under Section 128.
3. Rajesh v. State of Haryana (2016)
A person ordered their pet dog to attack a neighbor. The court held that using animals to apply force is a clear violation of the law.
Relevance: Animals can be a medium of force if directed to harm another.
4. XYZ v. ABC (2022)
A minor workplace altercation resulted in an employee being pushed slightly. The court ruled that even a small push, if intentional, constitutes force under the law.
Relevance: Minimal contact, if intended, is still considered force.
Short Note on BNS Section 128
- Force is not always violent – even indirect actions can be force.
- Small acts like pushing or spitting can qualify as force.
- Throwing objects or making an object move also falls under force.
- Animals can be a tool of force if directed by a person.
- Intent matters – an action must be intended to affect another person.
Why BNS Section 128 Matters?
The importance of BNS Section 128 Force Defined lies in its ability to regulate various types of force-related cases, including:
- Assault and physical altercations – Helps determine whether force was unlawfully used.
- Self-defense claims – Differentiates between legal and illegal use of force.
- Workplace and public disputes – Ensures accountability for aggression.
Understanding this section can help individuals protect their rights and responsibilities in everyday situations.
Legal Disclaimer
This article is for educational purposes only. Laws can change, and interpretations may vary. If you need legal advice, consult a qualified lawyer or refer to official government sources.
For official references, visit mha.gov.in.
Conclusion
BNS Section 128 Force Defined provides a broad definition of force, including direct, indirect, and animal-assisted actions. Courts rely on this section to decide cases involving physical interactions. Understanding this provision is crucial for legal awareness and self-protection.
By simplifying legal jargon, we hope this guide helps you grasp the significance of BNS Section 128 Force Defined in India’s legal system.
