What’s the difference between assault and battery?

The Supreme Court recently held that shouting and threatening someone without any ‘gesture or preparation to use force’ did not constitute assault. 

The court was hearing an appeal in the  K. Dhananjay v. Cabinet Secretary & Ors case where the appellant was facing charges of assault, under Section 351 of the Indian Penal Code (IPC), now covered under Section 130 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

In the current case, the appellant, formerly an employee with the Indian Institute of Astrophysics (IIA) , was challenging his dismissal from his job. During the proceedings, he allegedly shouted and threatened the investigating officer and disrupted her work. This led to an FIR against him under Sections 353 and 506 of the IPC for obstructing public duties and criminal intimidation. 

The Supreme Court concluded that shouting and threats alone, without physical action or preparation to use force, do not amount to assault. They overturned the FIR, citing it as an abuse of the legal process.

What is assault?

Section 351 IPC, currently Section 130 BNS  defines assault as any gesture or preparation that can reasonably make another person apprehend that you are going to use criminal force against them. Criminal force is the use of force on another person causing or intending to cause injury, fear or annoyance. Mere words are not enough unless combined with gestures or actions that can make someone feel threatened. The key elements to establish the offence of assault include:

– A gesture or preparation to use force.

– An intent or knowledge that such acts will likely cause apprehension of harm.

Section 353 IPC (Section 132 BNS): This section punishes  assault on public servants to prevent them from performing their duties with up to two years of jail time or a fine.

What is battery?

 ‘Battery’ is a legal term closely connected with assault. While the term battery isn’t defined explicitly under any legal provision, it refers to any form of intentional physical contact with another person without consent, such as spitting on someone. When such unauthorised physical contact is committed with the intent to cause harm, such as hitting or pushing, it constitutes criminal battery. Depending upon the scale of harm caused through criminal battery, charges of hurt or grievous hurt (a more severe form of hurt) can be filed against the wrongdoer. 

Battery requires actual contact, while assault involves only the threat or preparation to commit such an act. Some examples of Assault and Battery are : 

– A person lunges at someone with a raised fist but doesn’t make contact—this can be considered assault due to the feeling of threat.

– However, if that person actually strikes the other, it would amount to battery, as the action results in unwanted physical contact.

How has the Supreme Court dealt with the question of assault in the past?

In Rupabati v. Shyama (1958), the court upheld that verbal threats, if accompanied by gestures, could constitute assault.

The Court in the case Padarath Tewari v. Dulhin Tapesha Kueri (1932) ruled that a forced medical examination without consent was  an assault, highlighting that unwelcome actions impacting personal space can be punishable.

The Supreme Court’s recent ruling adds to the list of  important clarifications around the offence of assault.

What can you do if you face assault?

If someone assaults you, you must promptly report it to your nearest police station. To know more about how to file a complaint, read our explainer here.