Battery

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battery

A Battery is the application of force , to the person of another , intentionally , without lawful justification ,in however slightest manner the force may be applied .It is striking of another’s person hostilely , or against his will , in angry , rude , revengeful and insolvent manner .

As for examples , kissing a girl , removing one’s hat from his head , cutting of one’s hair without her consent sitting on the next bench in college , spitting on one’s face , snatching of a paper from one’s hand are all the wrongs of battery .Similarly , firing a gun carelessly and injuring another is also the wrong of battery .

Following are the essential ingredients of battery :-

i) There must be use of force by the wrongdoer to the victim’s body either directly or through any object .

ii) The force must be used intentionally .

In the famous case of Hurst Vs. Picture Theatre Ltd. , the plaintiff purchased a ticket for a seat at a cinema show . However , he was forcibly turned out of his seat under the directions of the theatre manager who was under the mistaken belief that the plaintiff had not paid for the seat . The Court held that the plaintiff was entitled to damages .

But touching a man to draw his attention or in a crowd , jostling one another, is not battery .