Assault and Battery both are crime and unlawful activities which is done by the person these are the intentional torts but they are not similar. Assault is harming someone without touching it only includes the threats against the other person while in the case of battery intentionally touching the person without the person ‘s consent is necessary in battery liberty of the person is compromised and the physical harm to the person.
Assault is define as to threat or attempt to hurt someone without using any physical force it only creates an apprehension in the mind of the other person that he/she is going to hurt someone or to commit battery against the other person that ‘s how the wrong of assault is completed. Actual contact is not necessary in the case of the assault only the treat is sufficient to commit the assault. But it is not always every threat is an assault as in case where there is no actual personal violence that constitutes the assault there must be means of carrying the threat into effect. The example for an assault is pointing out the gun towards the person is an assault whether it is loaded or unloaded but it creates the threat in the mind of the person. And if the same person knows about the gun that the gun is unloaded and it did not creates any threat in the mind of the person then it is not considered as assault.
For creating an assault intention must be there like in case of striking on someone’s hand, leg or arm in disclosure so it is not considered as assault. For assault there are some essentials
1. There must be a posture or preparation for the use of criminal force.
2. Gestures or preparations must be done in front of someone that is directed at someone.
3. Must have the intention or know that this gesture or preparation will cause fear in the victim’s heart, that is, criminal force will be used against him.
Battery is define as to harm someone by using the physical force intentionally it is considered as actually hurting someone by touching him/her in a rude, angry or in revengeful manner. For committing a battery force must be there may be used even without a bodily contact with the aggressor like hitting someone by using stick, gun or missile, throwing of water on someone and spitting on someone ‘s face all comes under the battery. Battery can also be occurring in the form of light, heat, gas and odor if it cause harm to physical discomfort and personal injury. In Battery force is there but force should be intentional and without any lawful justification for example if lots of people are there in a person and someone unintentionally touches someone then it is not considered as battery. And in case if someone harmed voluntarily then it is also not considered as battery like pulling someone by using the force from drowning man out of water and saving the person ‘s life by feeding them from hunger strike.
Essentials of battery are –
- Physical contact
- Unlawful Justifications
Defenses available for assault and battery:-
Legal Authority- The person who committed battery and assault under legal authority can not be responsible. The police officers are applied by the laws, if necessary to perform tasks. However, its actions must be within the scope specified by law. Mental health actions of many countries use mental disorders to treat people who use the necessary means to manage people who are forced to handle for mental problems is The treatment in these situations is usually the consent of the patient.
2. Consent- Your behavior for the battery or assault can not succeed if the billing agreed its attack or battery. This is encapsulated in Viointi Inturia No Fit de Maxim. In this way, if you receive an acceptable injury in the rules of the game, those who participate in contact sports can not suffer injuries and batteries.
3. Need- If necessary to avoid damage, it can allow personal acts to people. It can also be used for medical incidents to justify the treatment of people who lack skill .
4. Self-defence- people have the right to use rational power for him perpetrators. However, the force used must be proportional to the published threat. It is considered as the best defence.
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