What is the difference between assault and battery?
Varun Vishnuvardhasa 10 May 2021
In a simple sense
Assault is nothing but using physical force over a person eg: a person "f" talks to "g" intentionally knowing he is about to cause harm. Section 351 ipc deals with assault. Assualt is threatening to cause harm
On the other hand battery refers to commiting actual harm, battery is the completion of assualt
JINALI SHAH 10 May 2021
Thank you, sir
Sankaranarayanan (Advocate) 10 May 2021
Mr.varu defined the differences very well
Arpita Chauhan 15 May 2021
Respected Ma'am,
Assault and battery are both considered as tort under civil law and as an offence under criminal law.
Assault- When a person by his act creates an apprehension in the mind of another person that he will hurt him, then it is an assault.
Assault is the attempt to commit battery.
However, battery is an intentional use of force against a person without any reasonable lawful justification.
In assault only threat of violence is enough, physical contact is not required however in battery physical contact is must.
Assault is only the creation of apprehension that the force will be used while in battery there is an actual use of force.
I hope I was able to help you out.
Regards
Arpita Chauhan
sneha jaiswal 18 May 2021
Hello, Greetings of the day!
For the query you posted, I would suggest that:
Both Assault and Battery are kinds of intentional tort. The assault is generally an attempt to harm someone else which additionally includes threats or danger against others. So, assault is a planned or arranged attempt to violently hurt someone else. While the battery is an intentional touching of another person without the individual's assent. In the battery, the personal freedom of an individual is undermined to cause physical harm to an individual.
Characteristics of Assault:
• The intention is to threaten the person.
• No physical contact required.
• Example- Showing fist to punch the person
Characteristics of Battery:
• It is used to harm the person.
• Physical contact is mandatory.
• Example- Not just showing fist but actually punched the person
Hope it helps
Regards,
Sneha Jaiswal