confinement for 343. Whoever wrongfully confines any person for three Wrongful days or more 1, shall be punished with imprisonment of either description for a term which may extend to two years, or with three or fine, or with both. more days. confine ment for 344. Whoever wrongfully confines any person for ten days Wrongful or more, shall be punished with imprisonment of either description for a term which may extend to three years, and ten or more days. shall also be liable to fine 2. confine whose 345. Whoever keeps any person in wrongful confinement, Wrongful knowing that a writ for the liberation of that person has ment of been duly issued 3, shall be punished with imprisonment of person for either description for a term which may extend to two years, liberation in addition to any term of imprisonment to which he may be writ has liable under any other section of this Code. issued. confine ment in 346. Whoever wrongfully confines any person in such Wrongful manner as to indicate an intention that the confinement of such person may not be known to any person interested in the secret. person so confined, or to any public servant 5, or that the place of such confinement may not be known to or discovered by any such person or public servant as herein before mentioned, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to any other punishment to which he may be liable for such wrongful confinement 6. confine extorting 347. Whoever wrongfully confines any person for the pur- Wrongful pose of extorting from the person confined, or from any person ment for interested in the person confined, any property or valuable purpose of security, or of constraining the person confined, or any person property interested in such person, to do anything illegal or to give or compelany information which may facilitate the commission of an act. The words 'less than ten' are not to be understood here, M. & M. 303. A sentence of fine alone cannot be inflicted under this section, I Bom. H.C. 39 See Cr. P. C. sec. 491, cl. (b). 'This intention seems to be a part of the offence punishable under this section (M, & M. 305); and the con finement must be such as to indicate • Where the confinement is an ling illegal Wrongful confinement for purpose offence1, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 348. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or any person interested in the person confined, any confession or any information which may lead to the detection of an offence1 or confession, misconduct, or for the purpose of constraining the person or compelling re- confined, or any person interested in the person confined, to storation of restore or to cause the restoration of any property or valuable of extorting property. Using force. Using criminal force. security 3, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property 2 or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Criminal Force and Assault. 349. 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. 4 Thirdly. By inducing any animal to move, to change its motion, or to cease to move. 350. Whoever intentionally uses force to any person, without that person's consent, in order to the committing of 1 Sec. 40, cl. 2. 2 whether moveable or immoveable. 5 Sec. 90. Sec. 141. any offence 1, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force 2 to that other. Illustrations. (a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person's part. A has therefore intentionally used force to Z; and if he has done so without Z's consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. (b) Z is riding in a chariot. A lashes Z's horses, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has committed criminal force to Z. (c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z: and as A has acted thus intentionally without Z's consent, in order to the commission of an offence, A has used criminal force to Z. (d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z, and if he has done so without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z. (e) 4 throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z's clothes, or with something carried by Z, or that it will strike water and dash up the water against Z's clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z or Z's clothes, A has used force to Z; and if he did so without Z's consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z. (f) A intentionally pulls up a woman's veil. Here A intentionally uses force to her; and if he does so without her consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. Assault. Punish ment for (g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally, by his own bodily power, causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z's sense of feeling: A has therefore intentionally used force to Z; and if he has done this without Z's consent, intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force. (h) A incites a dog to spring upon Z, without Z's consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z1. 351. Whoever makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Explanation. Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault 2. Illustrations. (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault. (b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z. (c) A takes up a stick, saying to Z, 'I will give you a beating.' Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault. 352. Whoever assaults or uses criminal force to any using cri- person otherwise than on grave and sudden provocation given minal force by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or otherwise than on 1 So where A disputing with B about his hire gives B a push which causes him to fall. In the fall B breaks his toe and consequently dies of tetanus. A has used criminal force, but he has not committed culpable homicide, 1 Mad. 224. An act permitted by law cannot, of course, amount to criminal force, e. g. the moderate chastisement of a child by its parent or teacher. 2 1 Bom. H. C. 205. Conversely, words showing that no harm is intended may deprive gestures of any wrongful character (Tuberville v. Savage, 1 Mod. 3). 3 Sec. 350. with fine which may extend to five hundred rupees, or with grave pro both 1. Explanation.-Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence,-or • If the provocation is given by anything done in obedience to the law, or by a public servant' in the lawful exercise of the powers of such public servant,-or If the provocation is given by anything done in the lawful exercise of the right of private defence 3. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact. vocation. force to 353. Whoever assaults or uses criminal force to any person Using being a public servant 2 in the execution of his duty as such criminal public servant 5, or with intent to prevent or deter that person deter from discharging his duty as such public servant, or in conse- vant. public serquence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. criminal 354. Whoever assaults or uses criminal force to any Assault or woman, intending to outrage or knowing it to be likely that for with he will thereby outrage her modesty, shall be punished with intent to imprisonment of either description for a term which may woman's extend to two years, or with fine, or with both 8. modesty. 7 It would be an outrage to the modesty of one woman to do to her what would be thought nothing of by another, M. & M. 311. " And see the Whipping Act, sec. 4, supra, pp. 105-106. Where A tries to have sexual intercourse with a girl under ten years of age, her consent is immaterial. For the attempt, if successful, would be rape (sec. 375), and therefore if unsuccessful would be punishable under sec. 511, Mayne, P. C. 295. A prisoner may be convicted under sec. 354, though acquitted of an attempt to commit rape, 5 Bom. 403. outrage |