128
128
Force
Bharatiya Nyaya Sanhita, 2023
Chapter VI Of Offences Affecting The Human Body
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsDefinitionForceCriminal Law
🗣️ Simple Explanation
What does this law say?
Section 128 of the Bharatiya Nyaya Sanhita (BNS) defines what 'force' means. It explains when someone uses force against another person. This section replaces the old Section of IPC.
Why does this law exist?
This law sets the foundation for understanding criminal force and assault. It clarifies what actions constitute the use of force. It helps in determining if a crime has occurred.
Real-life impact
This definition is used to determine if someone has used criminal force. It helps in cases of physical altercations or when someone uses an object to cause harm. It is a key part of the law.
What happens if you break this law?
This section itself does not specify a punishment. It only defines 'force'. The punishment comes under the sections that deal with criminal force and assault. The police can arrest you without a warrant.
💡 Real Life Example
Rahul pushes Amit, causing him to stumble. This is an example of force. Legal consequence: Rahul's action could lead to charges of criminal force or assault.
Priya throws a stone at Sneha, and the stone hits her. This is also force. Legal consequence: Priya's action could lead to charges of criminal force or assault.
🛡️ KNOW YOUR RIGHTS
- •Document any incident where force is used against you.
- •Seek medical attention if you are injured.
- •Report the incident to the police.
- •Consult a lawyer to understand your rights.
- •Remember, you have the right to legal aid if you cannot afford a lawyer (Article 39A).
❓ FREQUENTLY ASKED QUESTIONS
Section 128 of BNS defines 'force'. It explains when someone uses force against another person. This includes causing motion, change of motion, or stopping motion. This section replaces the old Section of IPC.
Section 128 itself does not specify a punishment. It only defines 'force'. The punishment comes under the sections that deal with criminal force and assault. The police can arrest you without a warrant. This means they can arrest you without getting permission from a judge first. This section replaces the old Section of IPC.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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