Assault under Law of Torts

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 4th June 2020

Meaning

Assault refers to making of gestures or words that would instil a feeling of fear under other person. the assault is referred to the trespass of a person because the assault refers to infringing the privacy of a person. the act is referred to an assault when the action claims the threat to the other person of being harmed or may cause death.

Essentials

For an act to be said as assault, following essentials must be fulfilled-

1. The act must be threatening.
2. No physical touch required because as soon as physical contact is done, assault turns into battery.
3. The act must be accompanied with gestures or things that are essential for instilling threat.
4. Mere words do not amount to assault, the words must include the threat and gestures too.

Illustrations

1. B shows a sword to C and says that he was thinking of sharpening it for using it in future. This would not amount to assault as there was no direct intention to use it against C.
2. A show a gun points and that he would use it against D id he did not bring him 10,000 the next day. This will amount to assault as A directly said that he would use the gun to shoot D.
3. P says to R that “I will bang his head on the wall and will repeat it until he dies”, while saying this he was in anger and also was showing his fist to R. this amounts to assault.
4. F and G are good friends. F says while joking that he will slap him if does not take his medicines. This will not amount to assault.

Case Laws

Stephens V Myers^[1]– the plaintiff was the chairman of a parish meeting and he ordered the respondent to leave the room. The respondent said that he would rather pull the chairman out of chair. Along with this, he moved towards the plaintiff with his fist clenched towards him. The church warden stopped him. It was held as an assault as there was an immediate threat to the chairman and would have changed into battery if the church warden wouldn’t have stopped him.

Read v. Coke^[2]– the plaintiff was told to leave the premises of occupation. The plaintiff when refused to do so, the respondent along with some workers started moving towards him and all were folding their sleeves showing gestures to beat the plaintiff. It was held that the respondent and his workers were guilty of assault.

Therefore, in the cases where there the plaintiff feels threatened, the respondents can be held guilty for assault.

^[1](1830) 4 C & P349 : 34 RR 811.

^[2] 138 ER 1437.