Friday, 11 February 2022

Assault and battery

 Assault and battery by Kalyani


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.

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