ASSAULT, BATTERY, FORCE & FALSE IMPRISONMENT

ASSAULT:-

Assault is an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of battery on him by the defendant. Assault is defined in the IPC, Section 351, thus:

“Whoever makes any gestures, or any preparation, intending or knowing it to be likely that such gesture/preparation will cause any person present to apprehend that he who makes that gesture/preparation is about to use criminal force to that person is said to commit an assault.”

• Explanation: Mere words do not amount to an assault. But the words which a person uses may give to his gestures/preparation such a meaning as may make those      gestures/preparations amount to an assault.

• Eg.: 1). ‘A’ shakes his fist at ‘Z’, intending/knowing it to be likely that he may thereby causes ‘Z’ to believe that ‘A’ is about to strike ‘Z’. ‘A’ has committed an assault.

2). Pointing a loaded pistol at another is an assault. If the pistol is not loaded, then even, it may be an assault, if pointed at such a distance that, if loaded, it may cause injury. But if the plaintiff knows that the pistol is unloaded, there is no assault.

It is also essential that there should be prima facie ability to do the harm. Eg.- If the fist is shown from such a distance that the threat cannot be executed, there is no assault.

Similarly, mere verbal threat is no assault unless it creates reasonable apprehension in the plaintiff’s mind that immediate force will also be used. If a person advances in a threatening manner to use force, there is assault. The wrong is still constituted even if the person so advancing is intercepted from completing his designs.

Generally, assault precedes battery. It is, however, not essential that every battery should include assault. Eg.: A blow from behind, without the prior knowledge of the person hit, results in a battery without being preceded by any assault.

BATTERY:-

Battery is the intentional application of force to another person, without any lawful justification. Battery is defined in Section 350 of IPC as-

“Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence/intending by the use of such force to cause or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.”

The essentials of battery are:

• There should be use of force:-

Even though the force used is very trivial and does not cause any harm, the wrong is still constituted. Physical hurt need not be there. Least touching of another in anger is a battery. The force may be used even without a bodily contact with the aggressor.

Eg.: Use of stick, bullet or throwing of water, spitting on someone. Infliction of heat, light, electricity, gas, odour, etc. would be a battery if it can result in physical injury/personal discomfort. Mere passive obstruction, however, cannot be constituted as the use of force.

• Without lawful justification:-

It is essential that the use of force should be intentional and without any lawful justification. Harm voluntarily suffered is no battery. Harm which is unintentional or caused by pure accident is also not actionable. Use of force to oust a trespasser from certain premises is perfectly justified. However, only reasonable force can be used against a trespasser. Use of excessive force than is necessary, will make a person liable.

Distinction between Assault and Battery:-

The distinction between assault and battery can be seen clearly from the following examples:

• To throw water at a person is an assault, if any drop falls upon that person it is battery;
• Riding a horse at a person is an assault, riding it against him is a battery;
•  Pulling away a chair as a practical joke from one who is about to sit on it is probably an assault until he reaches the floor, for while he is falling he reasonably expects that the withdrawal of the chair will result in harm to him. When he comes in contact with the floor it is battery.

FORCE:-

Force is defined in Section 349, IPC, thus:

“A person is said to use force to another, if he causes motion, change of motion or cessation of motion to that other or if he causes to any substance such motion, or change of motion or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying or with anything so suited that such contact affects that other’s sense of feeling; provided that the person causing the motion, or change of motion or cessation of motion in one of the three ways hereinafter described.

First,-by his own bodily power.

Secondly,- by disposing any substance in such a manner that the motion or change of motion or cessation of motion takes place without any further act on his part or on the part of any other person.

Thirdly,- by inducing any animal to move, to change its motion or to cease to move.”

FALSE IMPRISONMENT:-

When a person is deprived of his personal liberty whether by being confined within the four walls or by being prevented from leaving his own house or an open field, there is False imprisonment. False imprisonment is complete deprivation of liberty for any time. If the plaintiff was free to move in any direction, and was only prevented from proceeding in one particular direction, then it will not be considered as constituting the wrong of false imprisonment.

Every restraint of the liberty of one person by another is, in law, an imprisonment and if imposed without lawful cause, constitutes a false imprisonment, which is both criminal offence and an actionable tort.

The essentials required to constitute this wrong:-

• There should be total restraint on the liberty of a person:-

The total restraint results in false imprisonment, however short its duration may be. For false imprisonment, it is not necessary that a person should be imprisoned in a jail or confined within the four walls of a building. If there is some restraint which prevents a person from having the liberty of going beyond certain circumscribed limits, there is false imprisonment.

• It should be without any lawful justification:-

In order to constitute the wrong of false imprisonment, it is necessary that the restraint should be unlawful or without any justification. Eg.-someone released from the jail after acquittal, but continued to be detained is a case of false imprisonment. But if there is some justification for detaining a person, there is no false imprisonment.

Remedies for false imprisonment are:-

•          Self help;
•          Habeas corpus;
•          Action for damages.

Major Case Laws:-

•          Abdul Wahid vs. Tribhuwan Pati.
•          Rudul Shah vs. State of Bihar.
•          Bhim Singh vs. State of J&K.