He intentionally swings the hammer in the air such that it came very near to head of B. A swings hammer in the air to put a nail in the wall.Sitting in a hotel, A tells B that he intends to run him over in his car at some point in the future.Naturally, there is no apprehension in mind of immediate application of force. A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause B to believe that he is about to cause the dog to release and attack B.Other Examples of Assault and Not an Assault: There is no apprehension or fear in minds of B at the instant when the rifle was levelled at him (because he was unaware of it). B only came to know that the rifled was levelled at him when A was practically disarmed. There should be the present ability of the person to carry out the threat. In this case, there is a gesture but no immediate threat. So the meaning of his utterance was that next time when the judges are not in town he will not listen to such language but will take action. 3) case A placed his hand on his sword and told another, “If it were not assize-time, I would not take such language.” The justices of assize were in town. Assize-time is a period when the judges were in the town for court sessions. Here there is the immediate application of force and in fear, B ducked it. A throws his fist in the air towards B, who sees the punch coming towards him, and ducks.The action should indicate an immediate application of force. Hence The defendant was held liable for assault.ģ. The intention was to commit the battery and hence the gestures were directed to create fear in the mind of the plaintiff. He was prevented from reaching the plaintiff by the intervention of remaining members in the meeting. 349) case, the defendant made a violent gesture during a meeting at the plaintiff by waiving a clenched fist and advanced towards the plaintiff. There are action and gestures by the person like throwing a fist in the air or rolling the cuffs of the shirt, etc. An assault gives rise to civil or criminal liability.ġ. It is done by the creation of fear of contact using words with some gestures like throwing a fist in the air or rolling the cuffs of the shirt. An assault is committed without contact or without actual use of force.Section 351 of the Indian Penal Code defines assault as follows: “Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault”.The contact must appear to be imminent, meaning that the offender must appear to have the present ability to cause the contact, even if he or she is not actually capable of inflicting injury. An assault is defined as intentional conduct that is meant to place another person in reasonable apprehension or fear of harmful contact.
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