Assault:
1. Assault is defined in Sec. 351 I.P.C.
ADVERTISEMENTS:
2. There is no physical contact in an assault.
3. It is an ‘attempt’ to commit force/criminal force.
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4. Every assault may not include force/criminal force.
5. An assault is an over act indicating an immediate to commit force/criminal force coupled with the capacity of carrying out the intention into effect.
ADVERTISEMENTS:
6. In order to constitute an assault it is also necessary that the person so assaulted must, on reasonable grounds, believe that the person assaulting has the ability to apply the force/criminal force so attempted by him,
7. Throwing the water upon a person is an assault.
8. Assault is a lesser form of offence, comparing with force/criminal force.
9. Illustrations: [write illustrations of see. 351].
ADVERTISEMENTS:
Force/Criminal Force:
1. Force is explained in Sec. 349 and Criminal
2. Force is explained in Sec. 350 of I.P.C. There is physical contact or fear in the mind of the aggrieved person in the application of force/criminal force is seen.
3. In Force/Criminal Force the action of the wrong-doer is completed.
4. But every force/criminal force must always include assault.
5. The force/criminal force is something more in it an intentional application of force to the person of another without lawful justification is necessary.
6. No such belief is needed in force/criminal force. On the other hand, the application of even the slightest amount of force is actionable. Even a slight touch to person or causing fear is sufficient. x
7. As soon as the water falls on the person, it becomes force.
8. Force/criminal force are the higher form of offence comparing with assault.
9. Illustrations: [write illustrations of see. 350]
