Force (law)

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In law, force means lawful violence, or lawful compulsion. "Forced entry" is an expression falling under the category of unlawful violence; "in force" or "forced sale" would be examples of expressions in the category of lawful compulsion.

When something is said to have been done "by force", it usually implies that it was done by actual or threatened violence ("might"), not necessarily by legal authority ("right").

"Force of arms" is a special case that can be an example of unlawful violence or lawful compulsion dependent on who is exercising the violence (or threat thereof) and their legal right and/or responsibility to do so.

When one citizen threatens another with a weapon without being in danger from the person he or she is threatening, this would be an example of the unlawful expression of force of arms. The same threat expressed by police officer making a lawful arrest would typically be considered lawful compulsion, due to the state having a monopoly on violence.

Indian Penal Code

In Indian Penal Code, Section 349 explains the meaning of force as under:- '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.'

References

Motwani, Tejas K. (2010). "Analysis of Section 354/355 of Indian Penal Code". SSRN Electronic Journal. doi:10.2139/ssrn.1652191. ISSN 1556-5068.

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This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these messages The examples and perspective in this article may not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate June 2022 Learn how and when to remove this message This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Force law news newspapers books scholar JSTOR June 2022 Learn how and when to remove this message Learn how and when to remove this message In law force means lawful violence or lawful compulsion Forced entry is an expression falling under the category of unlawful violence in force or forced sale would be examples of expressions in the category of lawful compulsion When something is said to have been done by force it usually implies that it was done by actual or threatened violence might not necessarily by legal authority right Force of arms is a special case that can be an example of unlawful violence or lawful compulsion dependent on who is exercising the violence or threat thereof and their legal right and or responsibility to do so When one citizen threatens another with a weapon without being in danger from the person he or she is threatening this would be an example of the unlawful expression of force of arms The same threat expressed by police officer making a lawful arrest would typically be considered lawful compulsion due to the state having a monopoly on violence Indian Penal CodeIn Indian Penal Code Section 349 explains the meaning of force as under 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 See alsoComing into force Power social and political Police power Use of force Economic powerReferencesMotwani Tejas K 2010 Analysis of Section 354 355 of Indian Penal Code SSRN Electronic Journal doi 10 2139 ssrn 1652191 ISSN 1556 5068 Wikiquote has quotations related to Force law This legal term article is a stub You can help Wikipedia by expanding it vte