What is Section 349 IPC? Force
Published on: Lawiz Team
Learn about Section 349 IPC: Force
Official Legal Text
A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other person, 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.
What This IPC Section Means – Explained in Simple Words
Section 349 defines 'force' as causing motion, change of motion, or cessation of motion to a person or object without their consent.
Purpose
To legally define the concept of force for the purpose of various offences in the IPC.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable (This section defines 'Force').
Key Elements
1. There must be an application of force. 2. The force must cause motion, change of motion, or stopping of motion. 3. It must be applied without the consent of the person or against their will.
Illustrative Example
If a person pushes another, causing them to move or fall, it is an application of force under Section 349.
Legal Defenses
If the force is applied with consent (e.g., in sports), it is not an offence under Section 349.
Types of Force
Force can be physical (pushing, pulling) or mechanical (using a tool or object).
Related Sections
Related to Section 350 (Criminal force) and Section 351 (Assault).
FAQs
What is Section 349 IPC about?
Force
What is the punishment under Section 349 IPC?
Punishment details depend on the offence specifics under Section 349 IPC.
Is the offence under Section 349 IPC bailable or non-bailable?
Depends on the severity and judicial discretion for Section 349 IPC.
How to file a case under Section 349 IPC?
You can approach the local police station and file an FIR mentioning necessary facts.
What are the possible defences against a charge under Section 349 IPC?
Possible defences include lack of intent, mistake of fact, and false implication.
Can you give an example situation under Section 349 IPC?
Examples vary but would typically involve scenarios covered by 'Force'.
Are there important case laws related to Section 349 IPC?
Specific case laws illustrate the interpretation of Section 349 IPC.