हिंदी

Principle: an Assault is an Attempt to Do a Corporeal Hurt to Another, Coupled with an Apparent Present Ability and Intention to Do that Act -

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प्रश्न

Answer the question which follows form the application of the under mentioned legal principle.

Principle: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another A was sitting on a chair reading a book. His friend. B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.

विकल्प

  • B's act amounts to a battery

  • B's act amounts to an assault

  • B's act amounts to an assault till the time A lands on the floor

  • B's act amounts to neither because there was no intention

MCQ

उत्तर

B's act amounts to neither because there was no intention

Explanation:

Battery is the infliction of unlawful personal violence on another person, even where the contact does no physical harm. In the given situation, 'B' never had the intention to hurt his friend and he was only playing a  joke. He never used the required force which would make him liable for the offense of Battery or Assault.  Battery needs (1) corporeal hurt (2) ability (3) intention. Therefore "B's act amounts to neither because there was no intention" is the correct choice. 

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Indian Penal Code (Entrance Exams)
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