LEGAL SERVICES FOR ASSAULT AND BATTERY: Find the best Criminal Lawyers in Chennai. Rajendra Law office is one of the Top Criminal Law firms in Chennai.Welcome to Rajendra Law Office, a team of experienced and dedicated Criminal Attorneys. If you are facing legal issues related to battery or assault, our team is here to provide you with expert legal representation and guidance. We understand the complexities and seriousness of these offenses, and we are committed to protecting your rights and advocating for your best interests.
Section 351 of IPC assault as well as battery/criminal forces
Law is a very complex subject. With all the sections and legal jargon it makes even an experienced lawyer giddy. As Such it is hardly surprising that the layman finds it hard. He cannot understand the slight nuances that lie in the words and definitions. Section 351 of IPC defines both assault as well as battery/criminal forces. Let us first try to understand what these offense are.
What is an Assault ?
It can be described as an action or an attempt to apply force on another. It is the act must convey to the other person an intention to hurt him, but without actually touching him in anyway. In simple words if you raise your hand to hit a person making him aware of your intention, then it is ‘Assault’.
What is a Battery ?
The term ‘battery’ is not found in the Indian Penal Code (IPC), and is instead denoted by the term ‘criminal force’. IPC Section 350 defines it as intentional force used to cause injury to another person without that person’s consent .
Battery is an act of actually touching another person against his will and in a hostile fashion with the intention of causing him grievous harm. At Rajendra Law Office, our Criminal Attorneys have a deep understanding of the laws surrounding these charges. We have successfully defended numerous clients and have a proven track record of achieving favorable outcomes in battery and assault cases. Whether you are the victim of an assault seeking justice or facing charges related to battery or assault, we will diligently work to build a strong defense strategy tailored to your specific situation.
Battery is trespass
In simple words, if you raise your hand and actually hit a person hurting him, then you have committed battery. It is trespass upon a person’s body.
The proof of touch is enough to prove an act as battery, even when there is no damage. You may wonder whether all physical contacts of our day to day lives constitute battery.
Physical contacts like pushed in crowded elevator, train, bus etc. No. It is presumed there is consent up to certain degree of physical contact with others
Difference between Assault and Battery
Let us analyze the difference between the two, under the following heads:-
Purpose:
The primary purpose of assault is to threaten a person. The purpose of battery is to harm a person.
Awareness:
In assault the person has to be aware of the threat. In the case of battery awareness is not a must. For eg., A person falls into a hole dug by you still makes up this offense. Here the person may not be aware of the hole but still your intention to cause harm makes your act battery.
Nature of crime:
In assault the nature of crime is not physical. Whereas the nature of crime in battery is definitely physical, Yet the crime of these almost go together.
Contact the best Criminal Lawyers in Chennai
Civil Law and Criminal Law
Assault and battery are comes under both civil law and criminal law. It means either of them can qualify as a civil wrong or a crime. The difference between criminal battery and the civil battery is the intention.
Criminal battery
In Criminal battery there should be intention and presence of harm. Of course, In civil battery there is only intention to commit the act and the harm is due to negligence.
Criminal assault
Meanwhile, In a civil assaults the intention is only to cause fear of immediate harm. Above all, In a criminal assault, there is a further attempt to commit Physical harm. Under the criminal law a person can be guilty of assault all in all under the offence of Physical violence but not vice versa.
Punishment for both assault and battery
The punishment for both assaults and criminal force / Physical aggression are there under Section 352 of the IPC. A person guilty of either will get punishment with imprisonment for up to 3 months or get a fine up to Rs.500 or both.
General defenses to assault and battery
Our team is well-versed in the intricacies of battery and assault laws and stays updated with the latest legal developments. We will thoroughly assess your case, gather evidence, interview witnesses, and craft a compelling argument on your behalf. We will guide you through the legal process, explaining your rights and options every step of the way.
If someone sue you for assaults or battery, then you could take certain defenses like:
- First, To Prove that plaintiff taking a voluntary risk
- Second, To Prove Plaintiff is the wrongdoer
- Third, To Prove that the act was an Inevitable accident
- Four, The defense of Act of God the accident happens to occur because of unforeseen natural event
- Five, To Prove Private defense like self protection and protecting own property
- Six, To prove as mistake. This defense will be of good use in case of hateful trial
- Seven, To prove as necessity. You have to show that the act you did was necessary in the circumstances
- Eight, To prove that the act done was under the authority of some statute that is a valid defense
Have an Attorney analyze valuate Your Assault and Battery Claim
Did someone threaten you? Do someone attempt to cause physical harm to you? Did someone touch you in unwanted manner? You can file lawsuit for assault and/or battery. You don’t have to do it alone, get professional help.
Speedy justice is fundamental right of every human being
Our teams of battery or criminal force lawyers are specialist in such cases for Bail and Trial. We would be happy to represent you and bring justice to your claims. believe believe “Speedy justice is fundamental right of every human being.”
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Who is the best lawyer for Assault and Battery cases in Chennai?.
Rajendra law office is the best law firm for criminal lawyers to offer Assault and Battery claims in Chennai. Saravvanan and Sathish Advocates is one of the leading criminal law firm in Chennai. When you choose Rajendra Law Office, you can rest assured that you have skilled and dedicated Blue collar crime Attorneys by your side. We are committed to providing you with personalized attention, relentless advocacy, and a steadfast commitment to achieving the best possible outcome for your case. Contact us today to schedule a consultation and let us help you navigate through this challenging legal process.
