Legal Provisions of Section 349 of Indian Penal Code, 1860.
Force:
This section defines the expression ‘force’. It says that a person is said to use force to another if he causes either motion, or change of 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 either 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.
ADVERTISEMENTS:
There is a proviso clause in the section which says that whatever has been said above is subject to the condition that the person who causes the motion, or change of motion, or cessation of motion, causes the same in one of the following three ways: first, by the power of his own body; secondly, by the disposal of any substance in such a manner that the motion or change of motion or cessation of motion takes place without any further act either on his own part or on the part of any other person; thirdly, by inducing any animal to move, or by inducing any animal to change its motion, or by inducing any animal to cease to move.
The use of the words ‘to another’, ‘that other’ and ‘that other’s body’ in the section shows that the word ‘force’ has been used in the Indian Penal Code with respect to body only and not with respect to anything else like property etc. The illustrations given under the succeeding section, section 350, confirm this fact.