battery

In tort, battery is the intentional and direct application of force to another person without lawful justification. The slightest touch is enough if it is hostile or against the person's will; no harm or injury need result. Throwing water at a person or pulling a chair from under him are batteries.

Battery differs from assault: assault is the threat that causes reasonable fear of immediate force; battery is the actual contact. Usually both occur together. Defences include consent, self-defence, lawful authority (as in a lawful arrest) and necessity. In medical cases, treatment without informed consent may be battery. The criminal law equivalent in India is criminal force under the BNS.

Example

When the security guard grabbed the customer's arm without cause, it was battery, and the customer could sue for damages even though he was not injured.

In Indian law

• Section 129, Bharatiya Nyaya Sanhita, 2023 (old s.350 IPC): criminal force

See also

assault · false imprisonment · tort · volenti non fit injuria

Read more in the study notes

• Assault, battery, mayhem and false imprisonment (Law of Torts)
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