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Intentional Torts (Trespass To The Person) : Presented By: Vipin Jain Division: B Roll No.:57

Intentional Torts involve intentional actions that result in harm, even if the harm was not intended. There are three types of trespass to the person: battery, assault, and false imprisonment. Battery involves the intentional use of force against another person without lawful justification. Assault is an act that causes reasonable apprehension of an impending battery. False imprisonment is the unlawful or unreasonable restraint of an individual's liberty without justification.

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291 views10 pages

Intentional Torts (Trespass To The Person) : Presented By: Vipin Jain Division: B Roll No.:57

Intentional Torts involve intentional actions that result in harm, even if the harm was not intended. There are three types of trespass to the person: battery, assault, and false imprisonment. Battery involves the intentional use of force against another person without lawful justification. Assault is an act that causes reasonable apprehension of an impending battery. False imprisonment is the unlawful or unreasonable restraint of an individual's liberty without justification.

Uploaded by

Vipin Jain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Intentional Torts

(Trespass to the Person)

Presented By: Vipin Jain


Division :B
ROLL NO. :57
WHAT IS Intentional Torts?

 Intentional torts are intentional actions that result in


harm to the plaintiff. The harm need not be intended,
but the act must be intentional, not merely careless or
reckless.

 Trespass to Person-Trespass to the person involves the


wrongful invasion of a persons’ right to freedom from
interference with his body or his right to personal
liberty. This is in contrast to trespass to land that
involves the wrongful invasion of another’s premises.
3 Types of Trespass To Person
In modern times, trespass to the person has been replaced
by the three (3) separate torts of:
1. Battery
2. Assault
3. False Imprisonment
1. BATTERY
 The wrong of battery consist of intentional application of force to another person
without any lawful justification.

Essentials of Battery are-


 1.There should be use of force
 2.The same should be, without any lawful justification.
Use Of Force
 Even though force used is very trivial and dose not cause any harm, the wrong is
still constituted. Physical hurt need not be there .It was held in Cole v/s Turner
that Least touching of another in anger is a battery

 Example of Use Of Forces-


 Use of a stick, bullet or throwing of water or spitting in a man’s face or making a
person fall by pulling his chair
 Infliction of heat, light, electricity, gas, odour etc would be battery if it can result in
physical injury or personal discomfort
Without A Lawful Justification
 It is essential that the use of force should be intentional and without any
lawful justification . Harm voluntarily suffered is no battery .

 In P.Kader v/s K.A. Alagarswami the Madras high court held that putting
handcuffs on an under trial prisoner and then chaining him like a dangerous
animal in a hospital during his medical treatment is an unjustifiable use of
force and the police officer responsible for the same is liable for trespass to
the person.
 The use of force may also be justified in forcibly feeding a hunger-striking
prisoner to save his life in Leigh v/s Gladstone
2. ASSAULT

Assault is an act of defendant which causes to the plaintiff reasonable apprehension


of the infliction of a battery on him by the defendant . When defendant by his acts
creates an apprehension in the mind of the plaintiff that he is going to commit battery
against the plaintiff , the wrong of assault is completed . For instance pointed a loaded
gun at another is an assault .

Generally assault precedes battery . For eg showing a clenched fist is assault but
actual striking amounts to battery.
In Hopper V/s Reeve throwing of water on an person is an assault but as soon as the

water falls on him, it becomes battery


3. False Imprisonment
 This is the wrongful or unreasonable restraint of an individual’s liberty
[without lawful justification]. There is NO need to show damages. For
example, police officers may arrest or detain individual without legal
justification.
 To constitute this wrong ,imprisonment in the ordinary sense is not
required . When a person is deprived of his personal liberty, whether by
being confined within the four walls or by preventing from leaving the
place where he is , it is a false imprisonment.
TWO Essentials of False Imprisonment –

 1. THERE SHOULD BE TOTAL RESTRAINT ON LIBERTY OF PERSON-


 It can be both total and partial
 Total Restraint means when person is prevented from going out of certain
circumscribed limits, the offence is that of ‘wrongful confinement’ as defined in sec
340IPC .
 In Mee v/s Cruikshank after his acquittal a prisoner was taken down to the cells and
detained there for a few minutes while some questions were put to him by the
warders, there was hheld to be false imprisonment.
 Partial restraint is when a person is prevented merely from going to a particular
direction where he has a right to go, it is wrongful restraint according to sec 399IPC
2. IT SHOULD BE WITHOUT ANY LAWFUL JUSTIFICATION

 Inorder to constitute the wrong of false imprisonment , it is necessary that


the restraint should be Unlawful or without any justification.

 Unlawful Detention –

In Bhim Singh v/s State of J&K the detention was unjustified . In this case the
petitioner , an MLA of the J&K Assembly was wrongfully detained by the police in
order to prevent him from attending the assembly session . The act of arrest was
considered to be mischievous and malicious and the Supreme Court granted
exemplary damages amounting to Rs 50,000 /-.

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