H pulls his wife W by hairs out of annoyance from her. What offence, if any, is committed? Give reasons and also refer to case law, if any, on the point.

Question: H pulls his wife W by hairs out of annoyance from her. What offence, if any, is committed? Give reasons and also refer to case law, if any, on the point.

Find the answer to the mains question only on Legal Bites. [H pulls his wife W by hairs out of annoyance from her. What offence, if any, is committed? Give reasons and also refer to case law, if any, on the point.]

Answer

Section 350 of IPC defines Criminal force as:

Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, 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 to that other.

A person is said to be using “force” on another person when he causes a change in motion, cessation of motion or a substantial change in motion of another person, or brings a substance in contact with another person’s body or it affects another person’s sense of feeling

Thus, force as defined under Section 349, IPC becomes ‘criminal force’, only when it satisfies all the ingredients are set out in Section 350.

Force should be used:

1. without the consent of the person and in order to the committing of an offence; or
2. when it is used to cause injury, fear or annoyance to the person on whom the force is used.

Thus, the use of force which causes motion, change of motion or cessation of motion to another person, done without the consent of such person, in order to commit an offence, or cause injury, fear or annoyance to the said person, will amount to criminal force.

No bodily injury or hurt need be caused.

So, in regard to the above provision, it is clear that A when pulled his wife by her hairs is said to have applied criminal force as coverage under its definition given under Section 350.

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