Table of Contents
What is Assault?
When a person plans and attempts to harm another person, it is known as assault. Assault also includes someone giving threats of harm to someone else.
Assault is defined under section- 351 of the Indian Penal Code (IPC) as a criminal offense.
Assault is also when a person does an act that places a victim in reasonable apprehension of harm in the future. Acts such as pointing a gun at someone or waving a dangerous weapon constitute assault. Assault can be of various types. Civil assault is an assault in which the person can sue the respondent for the full extent of his loss. The person can also claim for the lost earnings and suffering of the past and future.
A criminal assault is an assault in which the person can be sent behind bars and imprisoned and may also be liable to pay a fine and reinstatement.
There are five degrees of assault based on the severity of the bodily injury. A First Degree Assault (felony) is the most severe assault in which another individual suffers great bodily harm. A Second Degree Assault is the next least serious assault offense.
What is Battery?
A person’s attempt to cause physical harm to another person without the person’s consent is known as battery. Battery involves the actual infliction of force and violence. Though, even the slightest touch can be a battery.
The battery is defined under section 350 of the Indian Penal Code (IPC).
A battery can be either civil or criminal. It is known as a criminal battery when a person makes physical contact to harm or kill the victim.
A battery can be of two types- simple battery and aggravated battery. An aggravated battery is a type of battery that causes severe bodily injury to the victim.
Difference Between Assault and Battery
An assault is when a person does an act that puts a victim in reasonable fear of harm or violence against them. Battery, on the other hand, is when a person commits an act that inflicts physical harm or violence against the victim.
Assault is done to threaten or instill fear and panic in a person. The battery is done to cause physical harm and serious bodily injury to a person.
Every assault doesn’t include a battery, whereas every battery includes an assault. Assault need not be necessarily physical. It can also be verbal or emotional. On the other hand, physical harm must be done to the victim to be labeled as a battery.
Assault is defined under section 351 of the Indian Penal Code. The battery is defined under Section 350 of the Indian Penal Code.
Comparison Between Assault and Battery
|Parameters of Comparison
|An assault is an act committed by a person that puts a victim in reasonable fear of harm or violence against them.
|A battery is when someone commits an act that inflicts physical harm or violence against the victim.
|Assault is done to threaten or instill fear and panic in a person
|Battery is done to cause physical harm and serious bodily injury to a person.
|Every assault doesn’t include a battery
|Every battery includes an assault.
|Nature of crime
|Assault need not necessarily be physical.
|Physical harm must be done to the victim to be labeled as a battery.
|Section 351 of the Indian Penal Code
|Section 350 of the Indian Penal Code