Skip to main content

ASSAULT AND BATTERY

     

Q:CLEARLY DIFFERENTIATE BETWEEN ASSAULT AND BATTERY.

 

ANS:

1)ASSAULT:

·      An assault is an Unlawful laying of hands on another or an attempt to do a Corporeal hurt do another with present ability and intention to do the act.

·      In simple words putting a person in present fear of violence. It is also called incomplete battery. In assault plaintiff's body is not touched it’s just an attempt to do Corporeal hurt to another.

 

 


ESSENTIALS OF ASSAULT:

 

·      There should be some gesture of force.

 

·      That the gesture or preparation was such as to cause a reasonable fear of force.

 

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

 

 

 

 

 

 

EXAMPLES:

 

1.    THREATENING TO HIT OR KILL SOMEONE:

You may not physically touch that person, but if you were to tell someone “I am going to kill you!” you could be charged with assault. The caveat is that the victim must have a genuine fear that you are going to follow through with the act.

                             Merely joking and spouting these words is not assault. Instead, you must exhibit intent, and the victim must have a reasonable fear you would carry out the act you have just threatened.

 

 

 

2.    SWINGING AND MISSING:

You may have intended to punch someone, but you swung and missed your strike. Before you could try again, you were apprehended. In this case, you did not physically attack them, but you attempted to commit battery; therefore, you are charged with assault.

 

 

 

 

 

 

 

 

2.BATTERY:

·      Battery consists in touching another person hostilely or against is will. The intentional application of force to the person of another without lawful  justification.

 

·      In simple words, it means actually touching the body of a plaintiff without any lawful justification (direct or indirect). The least touching of a man in anger is a battery. 

 


ESSENTIALS OF BATTERY:

 

·      The use of force directed towards the plaintiff or towards his body. E.g. slapping or pushing, or to bring an object into contact with his body e.g. throwing water on him.

·      That the use of force was  intentional. This, touching a man merely to call his attention, jostling one another in a crowd is not a battery.

 

EXAMPLES:

 

1.    Ali becomes angry with Husain over the Rs10000 that Husain owes him. They two get into an argument that leads to Ali punching Husain in the face, breaking his nose. Ali is arrested and charged with battery, and, in addition to the criminal case, Husain sues Ali in civil court for medical expenses.

 

2.    Other examples are spitting on someone’s face, snatching a paper from another’s hand, removing his hat, pushing some one is a battery.

 

 

DIFFERENCE BETWEEN ASSAULT AND BATTERY:

 

S. No.

ASSAULT

BATTERY

1.

The sole intention is to threaten the person.

It is used to harm the person.

2.

No physical contact required. 

Physical contact is mandatory. 

3.

Trying to punch a person is an assault.

Actually punching the person is considered as a battery. 

 

   

 

 

 

CONCLUSION:

          In an act of physical violence by one person against another, "assault" is usually paired with battery. In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm. 

 


Labels:

Comments

Post a Comment

Popular posts from this blog

Ownership In Islamic law

  Concept of ownership in Islamic jurisprudence 1.Overview The concept of ownership (milk) is very important as it relates to a man's worldly desires and with reference to which men deal with one another. 2. Definitions A) According to Sadru'sh Shariat: "It is the expression of the connection existing between a man and a thing(shayun), which is under his absolute power and control to the exclusion of control and disposition by other".   B) "The relationship that exists between a person and a thing that gives absolute control and right of disposal over it to the exclusion of others."   C) “Ownership is the power of exclusive control and disposition”.   2) Malik (owner)          “ The person who posses power of exclusive control and disposition over an object / thing, is called the Malik(owner) of that thing. 3) Essentials of ownership A) Absolute Control B) Right of disposition C) Non-...
Post a Comment
Read more

KANEEZ FATIMA CASE

      KANEEZ FATIMA CASE     Citation: (PLD 1993 SC 901)   Parties : KANEEZ FATIMA : (Appellant) WALI MUHAMMAD and others: ( Respondents )   Status : Appeal Dismissed.   Facts & Figures: Ø In   Kaneez   Fatima   the   husband   and   wife   agreed   to   mutually   dissolve   their   marriage with effect from 1-11-1977 and the wife received rupees 10,000 and five tolas (one tola is equal to 12 grams) of gold in lieu of the prompt dower of rupees 30,000 and 20 tolas of gold and a monthly maintenance of rupees 200. Both the parties agreed that they will   have   no   further   claim   in   future   against   each   other.   However,   on   6-4-1978   the appellant   filed   a   suit   for   recovery   of   the   remaining   amount   of   dower ...
Post a Comment
Read more

DE-CODING FIRST INFORMATION REPORT (F.I.R.)

        DE-CODING FIRST INFORMATION REPORT (F.I.R) Upon receiving information about the commission of a cognizable offence, police prepares a written document called First Information Report (F.I.R). Anyone who knows about the commission of a cognizable offence can lodge an F.I.R. The informant/person lodging F.I.R may be: ·       The victim or any person on behalf of the victim, ·       witness, ·       police, ·         a minor etc.   Even a telephone call is sufficient to register an F.I.R. The object of F.I.R is to set the criminal justice system/machinery of law in motion, enabling the police to investigate the offence. No F.I.R means no investigation and no conviction. First Information Report has no evidentiary value and it must be lodged at the earliest, because any unreasonable delay in lodging F.I.R creates a room to do...
Post a Comment
Read more