National Law University Odisha, Cuttack

A project on the Law Of Torts

Topic :- Assault and Battery

Under the guidance of :-

Ms. Sudatta Barik

B.A.L.L.B.
Semester I
Batch of 2019-2024

Submitted by :-
Anshuman Jamkiar
Abhinav Baranwal
Prajwal Suman

Acknowledgement
“Project Work is a learning experience which aims to provide
students with the opportunity to synthesize knowledge from
various areas of learning, and critically and creatively apply it to
real life situations. This process, which enhances students’
knowledge and enables them to acquire skills like collaboration,
communication, and independent learning, prepares them for
lifelong learning and the challenges ahead.”1

As a matter of first importance, we might want to express our

sincere thanks to our subject teacher Ms. Sudatta Barik Ma'am
for sharing her valuable thoughts for the successful completion
of project work. It was just under her direction and consistent
guidance that we could finish our project work. Her sources of
information and learning were the basis of understanding the
essentials of the project.

Rationale Behind Research

1. How the torts of assault and battery are derived from English
Law?

2. To show how assault and battery are different from each

other?

3. How assault and battery are interpreted and misinterpreted in

Modern Indian scenario?

4. Difference between civil assault/battery and criminal

assault/battery.

5. Punishments for assault and battery.

6. To understand intention and act required in both cases.

1
“Project Work” (Project Work)
<https://www.moe.gov.sg/education/programmes/project-work> accessed, August
13,2018
 Research Methodology

The research work will be completed in adherence to the

doctrinal method of research and will rely on both the primary
and secondary sources. It shall be descriptive in natu re
and will also follow an analytical approach, i.e. use the analysis
of the facts to reach out the conclusion based on logical
reasoning. This research shall endeavour to review the existing
format and establish a relationship with the subject format.

Chapterization

1. Introduction
1.1 What is assault?
1.2 What is battery?
1.3 Distinction between assault and battery.

2. Grounds on which a person can be charged with Assault

or Battery

3. Defenses available for the torts of assault and battery

3.1 Privileges
3.2 Self defense
3.3 Consent
3.4 Denial of elements

4. Analysis of landmark cases

5. Conclusion
 List of landmark cases

1) Tuberville v. Savage, (1669) 1 Mod 3

2) Genner v. Sparkes, (1704) 1 Salk 79

3) The Queen v. Cotesworth, (1704) 6 Mod 172

4) Jai Bhagwan v. Suman Devi, (2011) 185 DLT 29

5) R v. Coney, (1882) 8 QBD 534

6) Mortin v. Shoppee, (1828) 3 C & P 373

7) Garratt v. Dailey, 46 Wash. 2d 197, 279 P.2d 1091

(Wash. 1955)

8) Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (Wisc. 1891)

9) Bavisetti Venkata Surya Rao vs Nandipati Muthayya, AIR

1964 AP 382