Civil Procedure Code (CPC)

Ipc


Is assault and battery different ?

 
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wheather 354 is bailable
 
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Hello sir 

Assault and battery are two violent crimes that involve threatening harm or causing actual harm to another person. The term "assault" in its wider sense is said to include both assault and battery. However in fact both are separate offences. An 'assault' according to English law is distinct from 'battery assault'.

It is a threat by one to inflict unlawful force against another. An assault is an act which intentionally - or possibly recklessly - causes another person to apprehend immediate and unlawful violence. But a mere threat not in the slightest degree executed, or acts or gestures done under such circumstances or at such a distance that the threat cannot possibly be carried into effect does not amount to an assualt.

The battery means actual application of unlawful force, however slight, to another whether directly or indirectly. A battery includes every touching and laying hold (however trifling) on another's person or clothes in an angry, revengeful, rude or hostile manner. Even an act such as striking a horse on which man is riding so that he is thrown away is battery.

Hope this helps

Krish Mahajan

 
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Okay thanks ji

 

 
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Originally posted by : Ch Vijay Singh
wheather 354 is bailable

Hello sir 

Section 354  which talks about "Assault or criminal force to woman with intent to outrage her modesty" is a non bailable, cognizable offence and is trial by any magistrate.

Hope this helps

Regards

Krish Mahajan

 
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