Assault and Battery are terms that are used inter-changeably in everyday life. The difference of their use in tort law is
highly evident. They are offences, which involve the threat of using force and actual usage of force, without lawful justification, against another person’s body.
Battery, a tort, involves the usage of force, either intentionally or negligently, against another person, without lawful justification or excuse. It is an actionable wrong because tort law aims to protect the victim/
plaintiff and preserve his/her rights of safety. The tort of battery arises even if there is no direct application of force, like striking someone on the head. Tort action lies even if the
defendant’s act caused the plaintiff some harm in an indirect fashion, like removing the chair while the plaintiff is attempting to sit on it. Even if the force is trivial and doesn’t cause any harm, the tort of battery is still constituted. Furthermore, direct physical contact is also not necessary for battery. Spitting, throwing a stone, firing a bullet, inflicting heat, light, odour etc also constitute battery, as long it can be shown that the plaintiff was physically injured or put to some discomfort.
It is necessary for the force used to be intentionally/negligently. But the use of force, if necessary to prevent greater harm to the plaintiff, can be justified. For example, using force to push aside the plaintiff from the path of an oncoming vehicle will not be held to be battery. Use of force against trespassers is justified, but only up to a certain reasonable extent. Use of excessive force to expel the trespasser will make one liable for battery.
Assault is a tort that does not involve use of actual force against another’s person, but the threat to do so, coupled with the ability to carry out the threat immediately. It creates a sense of apprehension in the mind of the plaintiff that the defendant will commit battery. Even threatening statements made to the plaintiff can constitute assault if it creates an apprehension, and the threat can be executed immediately. The very prominent case of Stephens vs. Myers, the defendant advanced towards the plaintiff menacingly with his hands clenched, after being asked to leave by the latter. This, by the courts, was held to be assault.
Generally, assault precedes battery, but exceptions exist. The most common example of battery preceding assault is pulling a chair before one is about to sit on it, and thus causing him/her injury.
Furthermore, assault and battery, in India, are also crimes. Criminal assault is clearly defined in the Indian Penal Code (IPC). Battery, too, is a criminal act under India’s justice system.