An assault is an attempt or a threat to do a corporeal hurt to another, coupled with an apparent present ability and intention to do the act. Actual contact is not necessary in an assault. Any gesture calculated to excite in the party threatened a reasonable apprehension that the party threatening intends immediately to offer violence, or, in the language of the Indian Penal Code, is ‘about to use criminal force’ to the person threatened , constitutes assault. It coupled with a present to ability to carry such intention in execution is an assault in law.
- The defendant by his act creates an apprehension in the mind of the plaintiff.
- It consists of an attempt, more than the harm.e.g.
- A friendly pat on the shoulder or back doesn’t constitute assault.
- A advance towards B with clenched fists, but is stopped by C. An assault has been committed
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