Skip to main content

Assault and battery

 Assault and battery by Kalyani

Assault:

Assault is the unlawful laying of hands on another or on attempt to do a corporal hurt to another, coupled with a present ability and intention to do the act.

Illustration: if X meets his old friend Y on road and strike him on his back saying “hi, how’s life?”, it is certainty not assault. But, if in a heated argument between X and Y, X attempts to strike Y, but is stopped in nick of the time by Z, it would amount to assault.

Its ingredients:

In an action for assault, the plaintiff must prove :

  1. That there was some gesture or preparation which constituted a threat or force;

  2. That the gesture or preparation was such as to cause a reasonable apprehension.

  3. That there was a present ostensible ability on the defendants part to carry out the treat into execution immediately.

It will be seen that there need not be an actual intention or power to use violence; it is enough if the plaintiff reasonably apprehends the danger. Thus, X can maintain an action against Y, if the latter threateningly points a gun at X, even though Y knows (but X does not) that the gun is not loaded.

Battery: battery is an actual striking of another person or touching him in rude or insolent manner. Its about touching another person in a hostile manner or against his will, however slightly.

Ingredients of battery:

In an action for battery the plaintiff must prove :

  1. The use of force to him, either to his body, as for instance, slapping or pushing, or by bringing an object into contact with his body as for instance.


  1. That use of force was intentional. Thus touching a man merely to call his intention, or jostling one another in a crowd, is not battery.




Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...