Answer
Force:
According to S. 349, a person is said to use force to another if the causes in one of the three following ways:
(a) motion, or
(b) change of motion, or
(c) cessation of motion:
to that other, or to any substance, so as to bring it into contact with any part of that other, or anything which that other is wearing or Tying or anything so situated that such contact affects the sense of feeling of the other’s:
Firstly: be his own bodily power.
Secondly: by disposing any substance in such a manner that the motion, change of motion, cessation of motion takes place without any other person.
Thirdly by inducting any animal to move, to change its motion or to cease its motion.
Criminal Force:
According to Section 350; whoever intentionally uses force to another without his consent:
(a) in order to the committing of offence, or
(b) intending or knowing it to be likely that by the use of such force, he will cause injury or fear, or annoyance to the latter, is said to use criminal force to that other.
Illustrations
(a) Z is sitting in a motor boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A uses force to Z by disposing substances. In such a manner that the motion is produced, and if A has done so without Z’s consent, intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z. A has used criminal force to Z.
(b) Z is riding in a chariot. A lashes Z’s horse, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has, therefore, used force Z, and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby, injure, frighten or annoy Z, A has used criminal force to Z.
(c) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contract with Z. He has therefore intentionally used force to Z and if he had done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
(d) A intentionally pulls up a woman’s veil.
(e) Z is bathing. A pours into the bath water which knows to be boiling.
(f) A incites a dos to spring upon Z without Z’s consent has used force to the woman in (d) or to Z in (e) and (f) and if A has done so without the woman’s or Z’s consent, intending to cause injury, fear or annoyance to woman or to Z, he uses criminal force to her or to Z.
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Assault:
Section 351 lays down that whoever makes gesture, or any preparation intending or knowing it to be likely C such gesture or preparation will cause any person present apprehend that he who makes that gesture or preparation is about use criminal force to their person, is said to commit an assault.
Mere words do not amount to an assault. But the words w’ a person uses may give to his gestures or preparation such a mea as may make those gestures or preparations amount to an assault.
Illustrations
(a) A shakes his fist at Z intending or knowing to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.
(b) A begins to unloose the muzzle of a ferocious q intending or knowing it to be likely that he may then cause Z to believe that he is about to cause that attack Z, A has committed an assault upon Z.
(c) A takes up a stick, saying to Z “I will give you beating”. Here, though the words used by A could case amount to an assault, and though the mere gest1 unaccompanied by any other circumstances, might amount to an assault, the gesture explainer by the w may amount to an assault.
Punishment
1. Assault and criminal force:
An assault is something than the use of criminal force, the force, being cut short before blow actually falls. It seems to consist in an attempt or offer person having present ability with force to do any hurt or violence the person of another. And it is committed whenever a well apprehension of immediate peril from a force already partially fully put in motion is created. Thus in the case of assault the pi assaulting puts another in reasonable fear of criminal force by n of a threat; gesture or preparation, but in criminal force the offender actually does something to the person the whom criminal force is used. To shake ones fist at a person is an assault, hut to bring it into contact with the force itself is criminal force. Therefore an assault is included in very use of criminal force.
2. Assault and affray:
(i) Assault may take place either in a public place or private Hut affray must always be committed in a public place.
(ii) An assault is an offence against the person of an individual, but an affray is an offence against the public peace.
(iii) Assault may be committed even by one person but an affray must be committed by two or more persons.
(iv) In the case of an assault the punishment provided is slightly higher than that provided in the case of an affray.
3. Assault and battery:
The word battery has not been defined the Pakistan Penal Code. In the English Law battery has been defined as any less hurt or violence unlawfully and willfully culpably done to the person of another. The term battery’ as understood in English Law is, therefore, included in criminal force as defined in the Pakistan Penal Code. The two expressions criminal force and ‘assult’ have been discussed earlier and need not be repeated here. Suffice it to say that when a person shakes his fist at another standing by him, he is guilty of assault but if he strikes that another, he is guilty for using criminal force or battery. Physical contact is therefore, necessary in the case of battery, but not in the case of assault.