Distinction between Criminal Force and Assault

Force/Criminal Force:

1. Criminal force is the force used intentionally to any person to cause injury or causing fear or annoyance.

2. Even use of criminal force includes assault.

3. Physical contact exists.

4. The action of the wrong­doer is completed.

5. In criminal force the assault is consummated by actually using means and ability.

6. The criminal force has some­thing more in it as intentional application of force to the person of another without law­ful justification is necessary.

7. No belief of ability is needed in criminal force. The applica­tion of even the slightest amount of force is actionable.

8. As soon as the thrown water falls on the person, it becomes criminal force.

Image Source: 185.26.182.219

9. Criminal force is the more serious form of offence compared to assault.

10. Force is defined in Section 349 and criminal force is explained in Section 350 of the Code.

The points requiring proof in the case of charge of ‘using criminal force’ are:

i) That the accused used force on the complainant;

ii) That he did so intentionally;

iii) That he used it without the complainant’s consent;

iv) That he did so in order to commit an offence, or with the intention of causing, knowledge of the likelihood of causing injury, fear or annoyance to the complainant;

v) That he received no grave and sudden provocation from the complainant.

Assault:

1. Assault denotes the preparatory acts which cause apprehension of use of criminal force against, the person.

2. In assault there is mere appre­hension of use of force and no use of actual force.

3. There exists no physical contact.

4. Assault is an attempt to commit criminal force.

5. In assault the accused must be having enough means and ability to carry his threat into effect.

6. An assault is an overt act indica­ting an immediate intention to commit criminal force coupled with the capacity of carrying out the intention into effect.

7. In order to constitute an assault it is necessary that the person so assaulted must, on reasonable grounds, believe that the person assaulting has the ability to apply the force so attempted by him.

8. Throwing the water upon a person is an assault.

9. Assault is a less serious form of offence compared to criminal force.

10. Assault is defined in Section 351 of the Code.

The points requiring proof in the case of a charge of assault are as under:

i) That the accused made a gesture or preparation to use criminal force;

ii) That it was made in the pre­sence of the complainant;

iii) That he intended or knew that it was likely that such gesture, etc., would cause the complainant to apprehend that such criminal force would be used;

iv) That such gesture or prepara­tion did cause the complai­nant to apprehend it;

v) That the accused received no grave and sudden provocation from the complainant.