Section 349 IPC: Force

Indian Penal Code, 1860

Section 349 IPC at a Glance

Section 349 IPC defines force. From 1 July 2024 it is replaced by Section 128 BNS.

Punishment

None. Section 349 IPC is a definition and prescribes no sentence of imprisonment. The use of criminal force is punished under Section 352 IPC, or under Section 353 to Section 358 IPC depending on the circumstances.

BNS Equivalent

Section 128 →

Section 349 IPC Bare Act Text

349. 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 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:

First.—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.

Source: Section 349, Indian Penal Code, 1860

Section 349 IPC in Simple Words

Section 349 of the Indian Penal Code (IPC) defines 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, change of motion, or cessation of motion as brings that substance into contact with any part of that other person's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other person's sense of feeling.

The causing of motion must occur through one of three statutory methods: by bodily power, by disposing a substance so that the effect takes place without further human action, or by inducing an animal to move, change its motion, or cease to move. Section 349 IPC provides a definition only and prescribes no punishment of its own.

Ingredients of Section 349 IPC

  • The person causes motion, change of motion, or cessation of motion to another person
  • Or the person causes to any substance such motion, change of motion, or cessation of motion as brings that substance into contact with any part of that other person's body, or with anything that other is wearing or carrying, or with anything so situated that such contact affects that other person's sense of feeling
  • The motion, change of motion, or cessation of motion is caused by the person's own bodily power, by disposing a substance so that the motion takes place without further human act, or by inducing an animal to move, change its motion, or cease to move

Punishment Under Section 349 IPC

Imprisonment

None. Section 349 IPC is a definition and prescribes no sentence of imprisonment. The use of criminal force is punished under Section 352 IPC, or under Section 353 to Section 358 IPC depending on the circumstances.

Fine

None under Section 349 IPC. Fine is provided under the punishing provisions in Section 352 IPC and Section 353 to Section 358 IPC.

Section 349 IPC defines force without prescribing a punishment of its own. Punishments for the criminal use of force are prescribed in Section 352 IPC and Section 353 to Section 358 IPC.

Example of Section 349 IPC

In 2020 in Udaipur, Tarun stood beside a country lane while Bhavesh walked past carrying a canvas bag. Tarun grabbed the wooden handle of a water bucket with his own hands and flung the water across the lane so that the water splashed onto Bhavesh's coat and the canvas bag he was carrying. Tarun caused motion to a substance by his own bodily power in a manner that brought that substance into contact with what Bhavesh was wearing and carrying. Tarun used force to Bhavesh within the meaning of Section 349 IPC.

When Section 349 IPC Does Not Apply

  • Section 349 IPC does not apply when no motion, change of motion, or cessation of motion is caused either to another person or to any substance.
  • Section 349 IPC does not apply when a moving substance does not come into contact with the other person's body, clothing, carried items, or anything situated to affect that person's sense of feeling.
  • Section 349 IPC does not apply when the motion of a substance is brought about only through the independent intervening act of another person rather than by one of the three statutory modes.
  • Section 349 IPC does not apply when a person merely shouts or makes gestures at another without causing any physical motion, change of motion, or cessation of motion.

Section 349 IPC in the BNS

Section 349 IPC is now covered under Section 128 BNS.

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 detailed comparison (IPC 349 vs BNS 128) →

FAQs on Section 349 IPC

What does Section 349 IPC define?▼

Section 349 IPC defines force as causing motion, change of motion, or cessation of motion to another person, or to a substance affecting that person in the prescribed statutory ways.

Does Section 349 IPC prescribe any punishment?▼

No. Section 349 IPC is purely a definitional section and does not prescribe any punishment. Penalties are imposed under substantive provisions such as Section 352 IPC.

What are the three statutory methods of causing force under Section 349 IPC?▼

Force may be caused by the person's own bodily power, by disposing any substance so that motion takes place without further human action, or by inducing an animal to move or stop.

How does Section 349 IPC differ from Section 350 IPC?▼

Section 349 IPC defines physical force. Section 350 IPC defines criminal force, which requires the intentional use of force without consent, either to commit an offence or to cause injury, fear or annoyance.

Is Section 349 IPC an offence in itself?▼

No. Force alone is not an offence under Section 349 IPC; it becomes an offence only when combined with the criminal intent, lack of consent, or circumstances specified in other sections.

Is an offence under Section 349 IPC cognizable or bailable?▼

Section 349 IPC has no entry in the First Schedule to the CrPC because it is a definition. Procedural classifications depend upon the substantive penal provision charged, such as Section 352 IPC.

Which court tries matters involving Section 349 IPC?▼

Jurisdiction is determined by the substantive offence charged in the case, such as Section 352 IPC, which is triable by any Magistrate.

What is the corresponding provision for Section 349 IPC in the Bharatiya Nyaya Sanhita?▼

Section 349 IPC corresponds to Section 128 BNS, which retains the identical definition and three statutory methods of causing motion.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·