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Penal Code, 1860 (Act No. XLV of 1860).
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:
Firstly. 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.
Criminal force
350. Whoever intentionally uses force to any person, without that person's
consent, in order to the committing of any offence, or intending by the use of
such force to cause, or knowing it to be likely that by the use of such force he
will cause injury, fear or annoyance to the person to whom the force is used, is
said to use criminal force to that other.
Illustrations
(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus
intentionally causes the boat to drift down the stream. Here A intentionally causes
motion to Z, and he does this by disposing substances in such a manner that the
motion is produced without any other action on any person's part. A has
therefore intentionally used force to Z; and if he has done so without Z's
consent, in order to the committing of any offence, or 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 horses, 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 to 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) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops
the palanquin. Here A has caused cessation of motion to Z, and he has done this
by his own bodily power. A has therefore used force to Z; and as A has acted
thus intentionally, without Z's consent, in order to the commission of an offence.
A has used criminal force to Z.
(d) 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 contact with Z. He has
therefore intentionally used force to Z; and if he has 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.
(e) A throws a stone, intending or knowing it to be likely that the stone will be
thus brought into contact with Z, or with Z's clothes, or with something carried
by Z, or that it will strike water, and dash up the water against Z's clothes or
something carried by Z. Here, if the throwing of the stone produce the effect of
causing any substance to come into contact with Z, or Z's clothes, A has used
force to Z; and if he did so without Z's consent, intending thereby to injure,
frighten or annoy Z, he has used criminal force to Z.
(f) A intentionally pulls up a woman's veil. Here A intentionally uses force to her,
and if he does so without her consent intending or knowing it to be likely that he
may thereby injure, frighten or annoy her, he has used criminal force to her.
(g) Z is bathing, A pours into the bath water which he knows to be boiling. Here
A intentionally by his own bodily power causes such motion in the boiling water
as brings that water into contact with Z, or with other water so situated that
such contact must affect Z's sense of feeling: A has therefore intentionally used
force to Z; and if he has done this without Z's consent intending or knowing it to
be likely that he may thereby cause injury, fear or annoyance to Z, A has used
criminal force.
(h) A incites a dog to spring upon Z, without Z's consent. Here, if A intends to
cause injury, fear or annoyance to Z, he uses criminal force to Z.
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