Trespass to the person – Battery

Purposely touching or applying force on other persons or things related to the person without his consent with the intention to harm the person is known as a battery. It is only considered when there is an actual physical contact without the consent of the person to harm the person. Generally, assault is followed by the battery which is the reason assault and battery are mostly used together. 

 It is divided into two types:

  • Criminal Battery : Criminal Battery is also known as the battery as a crime. Whenever there is an intention to kill a person or to hurt the person with an offensive physical contact is considered as the battery of crime. In a criminal battery, intention plays a major role as the action involves intention to kill a person. 
  • Civil Battery : Civil Battery is also known as the battery as a tort because it is a civil wrong. When a person has no intention to hurt someone but commits an act which hurts another person and the wrongdoer had an idea that the act will hurt another person is known as a civil battery.

Essentials for the battery are:

  1. Intention – Criminal intent to cause the injury is not necessary but the intention to cause the act which harms the person is required as it results in the battery.
  2. Contact – Contact or use of force is necessary for committing battery. Harm through the force is not basic requirement but the use of force is basic requirement to conduct battery. The battery doesn’t need body-to-body contact as the battery can also be for future events which means if there is a delay between the accused actions and the injury of the complainant will still be a battery.
  3. Harm – Damage is necessary for the completion of the battery. Damage can be of any kind, it can be physical, mental, or emotional. Battery is not limited to physical damage. The victim must have suffered in any manner but the harm can be minimum, severe damages are not required. Unwanted sexual contact or uncomfortable touching without the consent also comes under battery as it harms the person physically, emotionally, and mentally.
  4. No consent – The victim must not know about the action which is planned by the accused. The battery is only committed when the victim had no idea about the contact which was going to happen.
  5. No Lawful Justification – In the event of proving battery, there mustn’t be any legal justification present to justify the actions of the accused. The complainant has to prove that the force used by the accused was unlawful and was not justifiable.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.A

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.