Trespass to Person By Assistant Professor Shri Shivaji

Trespass to Person By Assistant Professor Shri Shivaji Law College, Parbhani, Maharashtra contact: waseemikhan 03@gmail. com

Introduction O Every man has the right to deserve protection of his life and personality and the others obligation is to protect others right. O But sometimes this right is infringed. O Sometimes it happens some wrong with a person, which we can say trespass to person. O There are following forms of trespass to person:

Assault O Assault is recognized in not only in law of tort but in criminal law also. O Sec. 351 of IPC deals with assault. O Assault is that act of the defendant which causes reasonable apprehension of the infliction of a battery on him by the defendant. O In simple words assault is that act of the person which creates fear, apprehension in the mind of another person. O In assault actual contact or use of force is not necessary and mere attempt or threat to use force is sufficient to constitute assault.

Assault O Section 351 of IPC. O 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.

Assault Ingredients of Assault. 1. Threat of force or violence.

Assault Ingredients of Assault. 2. Reasonable apprehension of such force.

Assault Ingredients of Assault. 3. Defendant ability to carry out threat.

Battery O Battery is the actual striking of another person or touching him in rude, angry, revengeful manner. O Battery is the actual and intentional application of any physical force of an adverse nature to the person of another without his consent. O Sec. 350 of IPC Use of Criminal Force. O Battery means nothing but touching another person hostilely or against his will, however slightly.

Battery Essential element. 1. Use of Force. O Even though the force used by a person may be very simple & does not constitute or cause any harm, wrong of battery is still committed. O Physical hurt need not be there. O E. g. use of stick, spitting on a mans face. O Making a person fall down by pulling chair. O Slapping, stabbing, throwing a water over a person. O Poisoning.

Battery Essential element. 2. Without Lawful Justification. O It is essential that the use of force should be intentional & without any lawful justification. O Following acts are not held to be battery. O 1. To feed the hunger striker forcibly to save his life. O 2. Performance of an operation on an unconscious person by a doctor. O 3. Police man arrest a person by applying a force.

Maim, Mayhem O Amongst all the personal injuries, the most dangerous injury is called mayhem. O Mayhem means the injuries causing no death of an individual is called mayhem. O When there is an injury to the fighting limb of a person is called mayhem. O Where it is not a fighting limb the action would not be for mayhem but battery. O E. g. Loss of teeth, hands, feet, fingers would give rise to mayhem.

Maim, Mayhem O The test of mayhem is hurt on any part of a mans body whereby he become less able, disable in fighting or defending himself. O The cutting of ears or nose would amount to disfigurement & not the loss of fighting limb, therefore it is battery only.

Defenses for Assault or Battery 1. Self Defense. 2. Defense of property. 3. Expulsion of Trespasser. 4. Retaking of Goods. 5. Leave & License. (Boxing & Foot ball Match) 6. Lawful Correction.

Wrongful Imprisonment O Every man has the right to movement. O False imprisonment is a total restraint of the liberty of a person for however short a time, without lawful excuse.

Wrongful Imprisonment Definition O Winfield: O Infliction of bodily restraint, not expressly or impliedly by the law. Lindsell & Clerk. O Complete deprivation of liberty for any time however short, without lawful cause.

Wrongful Imprisonment Essential Element. 1. Intentional Confinement. O Defendant act with intention to confine or restraint plaintiff. 2. Total Confinement. O No other means to escape the plaintiff. 3. Confinement without lawful Justification. O Restraint should be unlawful or without any justification.

Wrongful Imprisonment Remedies against action for False Imprisonment. 1. Action for Damages. 2. Self Help. O To use reasonable force to protect himself instead of waiting for legal action for his release. 3. Habeas Corpus. O It is speedy remedy processing the release of person.

Wrongful Imprisonment Defenses to False Imprisonment. 1. Self Defense. 2. Consent of opposite party. 3. Statutory Authority. 4. Detention of minor or unsound mind person by parents or guardian. 5. Detention in the interest of establishing peace in the society.

Malicious Prosecution. O Every person has a right & freedom to bring criminal to justice. O But it does not mean that any innocent should be brought to justice unnecessarily. O The tort of malicious prosecution came into use to check false accusation of innocent person.

Malicious Prosecution. Definition. O Malicious prosecution is the institution against an innocent person of unsuccessful criminal proceeding without reasonable and probable cause & in a malicious spirit, that is from an indirect and improper motive & not in furtherance of justice & causing damage of the plaintiff in person, pocket and reputation.

Malicious Prosecution. The plaintiff has to prove following. 1. That, the plaintiff was prosecuted by the defendant, . 2. That, the proceeding terminated in favor of the plaintiff. 3. That, the plaintiff was prosecuted without any reasonable cause. 4. That, the prosecution was with malicious intention. 5. That, the plaintiff was suffered some special damages.

Malicious Prosecution. Defenses. 1. He had given information to the police authority in good faith. 2. The prosecution of was of civil nature. 3. There was no malice in the prosecution & has no enmity with the plaintiff. 4. Plaintiff did not suffer any damage.