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Definition and Essentials of Battery and Assault

Battery and Assault are two offenses of criminal law or civil law, which are contrasting in their own respective nature. Both of these terms are concerned with the fact of endeavouring to anguish another person intentionally or unintentionally. These are basically, the threats to the life, security and behaviour of human beings. Today, we are going to perceive more about the Definition and Essentials of Battery and Assault.

involves the establishment of an environment, where a person is actually abused or develops the fear within himself/herself of getting being abused. Both Battery and Assault have been operating as contradictory to each other in some regions, while there are still some areas where both of them are considered homogenous and have integrated with each other.

The punishments for both of these offenses are distinctive, on the basis of different courts and nature of the cases. Under Civil Law, the accused is bound to provide financial compensation, while under Criminal Law, the accused may be imprisoned for different duration of time. Moreover, Civil Law and Criminal Law may be integrated together for both of these offenses, depending upon the nature of the case. In order to apprehend and make the concept more perspicuous, let's explore about of Battery and Assault.

definition-and-essentials-battery-assault
Battery and Assault


Definition and Essentials of Battery and Assault

Battery :
Definition -
Battery refers to the application of force to be applied to another person, without any lawful approval. This definition was been put forwarded by Salmond. The attempt to strike with a stick signifies an assault, but to strike actually signifies battery. Battery, is not obligatory to be accompanied by bodily harm. Even to touch a person without his consent or any other legal justification is battery. But if there is the consent of a person, it does not signifies battery.

Essentials -
1. Use of force - The first essential which one has to prove in an action for battery, is the use of force to the person of another. Example, slapping or pushing. It may also be done by throwing a stone on a person or setting a dog upon him, without lawful approval. There can be no battery unless there is a contact with the litigant. The contact with the litigant must instantly follow from the act of the litigant. The amount of force is irrelevant. Even to touch a person without his consent or any other legal justification is battery. But accidental contact or touching other person's shoulder does not signifies battery.

2. Force must be intentional - The second essential which one has to prove in an action is that, the use of force must be intentional and without lawful justification. Pushing one another in a crowd is not actionable in battery, if it is not done deliberately. Example, one person of a firing group, fired his gun at a fowl. The shot rebounded against a tree snd injured the litigant . It is not said to be the occurrence of battery. This tort protect not only the interest in freedom from bodily harm, but also freedom from insult. Example, spitting in the face is battery but touching another in crowd is not.

3. Without lawful justification - Consent, expressed or implied signifies a lawful justification. A friendly push or shaking hand is not battery. Similarly, certain acts done under authority or statute do not amount to battery. Example, a parent castigating his/her child, or a policeman laying hand on a thief for arrest under a warrant, does not signifies battery.

Assault :
Definition -
An assault refers to an act of the litigant which causes in the mind of the litigant, admissible apprehension of the imposition of a battery on him by the defendant. This definition was been put forwarded by Dr. Winfield. It usually implies an attempt to apply force to another person. Any one who brings any object into contact with another person purposely, is said to apply force to the person. In assault, force is not actually applied but only attempt is made. Example, Ram and Ramu are standing at a distance of 3feet. If Ram takes a stick and moves it towards Ramu, to attack him purposly, than he is said to commit an assault.

Essentials -
1. Intension to use force - The first essential which the litigant has to show in an action for assault is that, there was some gesture or preparation which constituted a force. Words are not enough or passive conduct. In all cases, the threat must be carried into an effect.

Example, if A while lying on bed says to B 'I will beat you' it will not signify an assault.

2. Capacity to use force - In order to form an assault, it is beneficial that the person assaulting has the cabability to apply the force attempted by him. If it is clear to the litigant that the defendant has no present capability to carry out the threat, because he is too far away to bring the threat into action, there is no assault.

Example, if a man makes a gesture to throw a stone at another man who is sitting at a height, which is impossible for the stone to reach such a height, than the latter has no ground to believe that he will be hit. In such case if one man makes an attempt, there is no assault, as the second man has no reason to believe that the first man can hit him.

Battery and Assault have been amalgamated by some of the administration operating in some provinces. But despite of all, the true nature of Definition and Essentials of Battery and Assault remains congruent or same, making both of these concepts somewhat comparable in general but contradictory in particular.

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