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JINALI SHAH   10 May 2021


What is the difference between assault and battery? 


 5 Replies

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.


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
Sneha Jaiswal

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