Defence to an Action for Assault and Battery

  • Pooja Suresh Jaiswal
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  • Pooja Suresh Jaiswal

    Student at Thakur Ramnarayan College of Law, Mumbai, India

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Through this extensive research project, we were able to conclude that although attacks and batteries may appear similar, they are two completely different concepts, with the main difference being physical contact. The main elements of the assault were, firstly, the plaintiff's fear of direct physical contact, secondly, the plaintiff's reasonable fear, and thirdly, whether the defendant's sabotage was intentional. The first and foremost element of assault is that the act was committed intentionally. Resulting in, or the threat of, harmful or offensive contact from the other party or athird party, and secondly, if the contact was not authorized by the other party or was obtained with the other party's consent through fraud or extortion; and Third, that contact is otherwise privileged. Defendants have access to certain defenses that some cases have in place, such as self-defense, consent, and legal authority. Tort law is expected to develop more as the people of India become more aware of their rights. Assault is an attempted crime, and the law is intended to prevent possible assault by punishing acts done in a dangerous way to obtain assault. As with most attempted crimes, there is no clear distinction between an attack by a criminal and an action solely aimed at preparing an attack. There must be intent to harm, but if that creates the potential for harm or the danger of a distorted future battery, that's not enough. Instead, the intent should be removed from the immediate danger, the obvious action that endangers the battery. Words and intentions therefore do not become mere attacks.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 1547 - 1551


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