All Exams Test series for 1 year @ ₹349 only
Question

Read the following passage and answer the questions.

Of Force, Criminal Force and Assault

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.

350. Criminal force - 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.

351. Assault - 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 of preparation such a meaning as may make those gestures or preparations amount to an assault.

"A" begins to unloose the muzzle of a ferocious dog, intending that he may there by cause "Y" to believe that he is about to cause the dog to attack "Y", "A" has committed _______.

The correct answer is

Assault

Understanding Force, Criminal Force, and Assault

The passage provides definitions for three related legal concepts: Force, Criminal Force, and Assault, likely under a penal code framework such as the Indian Penal Code (IPC).

Defining the Concepts

  • Force (Section 349): This is about causing motion, change of motion, or stopping motion in a person or substance in contact with a person or their belongings, done in specific ways (bodily power, disposing substance, inducing animal). It's the physical action of causing movement or contact.
  • Criminal Force (Section 350): This is using "Force" intentionally to a person without their consent, either to commit an offence or intending/knowing it's likely to cause injury, fear, or annoyance. It adds intent and harmful consequence (or likelihood) to the concept of mere "Force".
  • Assault (Section 351): This is making a gesture or preparation with the intention or knowledge that it's likely to cause someone present to believe that the person making the gesture/preparation is *about to use criminal force* against them. The key is causing apprehension or fear of imminent criminal force, not necessarily applying the force itself.

Analyzing the Scenario

The scenario describes "A" beginning to unloose the muzzle of a ferocious dog. This action is a "preparation".

"A" performs this preparation with the intention of causing "Y" to "believe" (apprehend) that "A" is about to cause the dog to attack "Y".

Connecting Scenario to Definitions

An attack by a dog, if induced by "A", would fall under the definition of "Force" (specifically, by inducing an animal to move/attack) according to Section 349 (Thirdly). If this attack were intentional and without consent, and intended to cause injury, fear, or annoyance, it would be "Criminal Force" according to Section 350.

The action described in the question is not the actual attack by the dog (which would be force, potentially criminal force). Instead, it is the *preparation* (unloosing the muzzle) intended to make "Y" *apprehend* that criminal force (the dog attack caused by A) is about to happen.

This exactly matches the definition of "Assault" in Section 351:

  • A "preparation" is made (unloosing the muzzle).
  • This preparation is made "intending" (as stated in the question) that it will cause "Y" (a person present) "to apprehend" that "A" is "about to use criminal force" (cause the dog to attack, which would be criminal force) to "Y".

Therefore, "A" has committed Assault.

Distinguishing from Force and Criminal Force

It is not just "Force" because force involves the actual physical contact or motion caused. That hasn't happened yet.

It is not "Criminal Force" because criminal force is the intentional use of force causing injury, fear, or annoyance. While the intention is to cause fear (through apprehension), the actual *use* of force (the attack) has not occurred, only the preparation for it, which leads to the apprehension.

The act fits precisely the definition of Assault, which is the threat or apprehension of imminent criminal force.

Was this answer helpful?

Important Questions from Reading Comprehension

  1. Why, according to the writer can't people be motivated to use a resource prudently?

    1. They feel that others may overuse the resource

    2. It is possible to substitute the resource

    3. Abundance of the resource availability

    Select the correct answer using the code given below:

  2. When do people use resources exhaustively?

  3. The self-interest of people affects the use of renewable resources

  4. People rooted in a locality

  5. Which among the following is closest in meaning with the word 'deplete'?

Need Expert Advice?

Start Your Preparation with Prepp Mobile App

Download the app from Google Play & App Store
Download the app from Google Play & App Store
Prepp Mobile App