Section 128 BNS: Force
Bharatiya Nyaya Sanhita, 2023
Section 128 BNS at a Glance
Section 128 BNS defines force. It replaced Section 349 IPC on 1 July 2024.
None. Section 128 BNS is a definition and prescribes no sentence of imprisonment. The use of criminal force is punished under Section 131 to Section 136 BNS depending on the circumstances.
Section 128 BNS Bare Act Text
128. Force
A person is said to use force to another if he causes motion, 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 into contact with any part of that otherβs body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that otherβs 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 following three ways, namely:β
(a) by his own bodily power;
(b) 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;
(c) by inducing any animal to move, to change its motion, or to cease to move.
Source: Section 128, Bharatiya Nyaya Sanhita, 2023
Section 128 BNS in Simple Words
Section 128 of the Bharatiya Nyaya Sanhita (BNS) defines what it means in law for one person to use force against another. A person uses force when they cause motion, a change of motion, or a stopping of motion to another person, or when they cause any substance to move, change motion, or stop so that it comes into contact with any part of the other person's body, their clothes, anything they are carrying, or anything placed so that the contact affects their sense of feeling.
The section specifies that this motion, change of motion, or cessation of motion must be caused in one of three ways: by the person's own bodily power under clause (a), by arranging a substance so that the movement or stopping happens without any further act by anyone under clause (b), or by making an animal move, change its motion, or stop moving under clause (c).
Section 128 BNS is a foundational definition and does not create an offence by itself. Instead, it supplies the legal meaning of force for Section 129 BNS on criminal force and the punishment provisions in Section 131 to Section 136 BNS.
Ingredients of Section 128 BNS
- Causing motion, change of motion, or cessation of motion to another person, or to a substance bringing it into contact with that person's body, clothing, carried articles, or sense of feeling
- Causing such motion by bodily power, by disposing a substance to move without further act, or by inducing an animal to move, change motion, or stop under Section 128 BNS
Punishment Under Section 128 BNS
None. Section 128 BNS is a definition and prescribes no sentence of imprisonment. The use of criminal force is punished under Section 131 to Section 136 BNS depending on the circumstances.
None under Section 128 BNS. Fine is provided under the punishing provisions in Section 131 to Section 136 BNS.
Section 128 BNS defines force without prescribing a punishment of its own. Punishments for the criminal use of force are prescribed in Section 131 to Section 136 BNS.
Example of Section 128 BNS
When Section 128 BNS Does Not Apply
- The person did not cause motion, change of motion, or cessation of motion to another person, nor to any substance brought into contact with that other person's body, wearing apparel, carried object, or sense of feeling
- The motion, change of motion, or cessation of motion was not caused by bodily power, by disposing any substance to act without further human intervention, or by inducing an animal to move
Section 128 BNS in the IPC (Previous Law)
Section 128 BNS replaces Section 349 IPC from the old criminal code.
Section 349 IPC corresponds to Section 128 BNS. The definition of force and the three statutory methods of causing motion are preserved without substantive change. The three sub-heads First, Secondly and Thirdly in the IPC proviso are designated as clauses a, b and c under Section 128 BNS.
View IPC Section 349 βFAQs on Section 128 BNS
What does Section 128 BNS mean by 'force'?βΌ
Section 128 BNS says force is used when a person causes motion, change of motion, or stopping of motion to another person. It also covers causing any substance to move or stop so that it touches the person's body, clothes, things they are carrying, or anything placed in a way that affects their sense of feeling.
What has to be proved to show that someone used force under Section 128 BNS?βΌ
It has to be shown that the person caused motion, change of motion, or cessation of motion to another person, or caused a substance to come into contact in the way described in the section. The section also says this can happen by bodily power, by arranging a substance so it moves without any further act, or by making an animal move or stop.
Does Section 128 BNS itself give any punishment for using force?βΌ
No. Section 128 BNS only defines what 'force' means. Punishment depends on the specific offence in which use of force is involved, not on this definition section by itself.
How is 'force' under Section 128 BNS different from actually causing hurt?βΌ
Section 128 BNS is about causing motion or contact in the ways stated in the section. It does not itself require proof of injury, because it defines force, while an offence about hurt would require the ingredients of that separate provision to be proved.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 Β· Last updated: 16 Oct 2026 Β·