Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Of Criminal Force and Assault
Section 349: Force
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described: First.—By his own bodily power. Secondly.—By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person. Thirdly.—By inducing any animal to move, to change its motion, or to cease to move.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 349
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Umashankar Yadav & Anr. v. State of Uttar Pradesh, Through Chief Secretary & Anr.
Whether the High Court erred by not quashing the prosecution against the accused under ss.186 and 353 of Indian Penal Code.
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Mahendra Kumar Sonker v. The State of Madhya Pradesh
Whether the conviction of the appellant under s.353 of the Indian Penal Code, 1860 (IPC) can be sustained without proving assault and use of criminal force.
- Attorney General for India v. Satish and Another
- Lakshman Singh v. State of Bihar (Now Jharkhand)