Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.

In common law, assault is a tort, an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of a battery on him by the defendant. When the defendant creates his act by an apprehension in the mind of the plaintiff that he is going to commit battery against the plaintiff, the wrong of assault is completed. The wrong consists of an attempt to do harm rather than the harm being caused thereby. Assault charges must include conduct that is offensive which is offensive or causes another person to the fear of their safety. This clearly means that one can be guilty of assault even if he/she did not physically harm the victim. In the case of R.V.S George, the pointing of a loaded gun to another is an assault. If the pistol is not loaded, then even it may be an assault, if pointed at such a distance that it may cause injury. if a person advances the manner of threatening to use force , then there is assault. This was decided in the case of Stephens V. Myers.

Elements of Assault

If one or more elements have not been satisfied then It can be a defense to an assault charge. Elements of the crime of assault are:

An act or conduct intended to create: To prove a criminal attack, the defendants’ behavior must be motivated to create a situation of fear or danger in the victim’s mind. Accident acts do not include allegations of assault.

A reasonable apprehension: Further, the victim must reasonably believe that the defendant’s conduct will harm or humiliate him. The victim must understand the defendant’s potentially harmful or offensive acts.

Of imminent harm: The victim’s fear must be a direct response to a threat that is imminent. Future threats, such as “I will beat you tomorrow”, will not result in assault charges. In addition, there must be some kind of perceived physical threat to the victim in the loss; For this reason, words by themselves generally do not constitute an attack.

It is believed that the defendant’s actions would cause physical danger or abusive behaviour to the victim. Thus, the pretence of kicking or punching the victim may be an attack, as will attempt to spit on the victim (aggressive behaviour).

All of the above elements must be present and the evidence must be supported with evidence if found guilty for the attack.

It can be difficult to prove whether the defendant actually intended the attack. Similarly, judges often spend a lot of time determining whether a defendant’s actions are considered harmful or abusive. In determining this, they will consider what an average person may perceive as harmful or aggressive.

Distinction between Assault and Battery

S.no		Assault	Battery
1.	Meaning	Assault is defined as the attempt to commit a battery.	Battery is defined as the intentional use of force against the other person without a justifiable cause.
2.	Crucial Consideration	The threat of violence is sufficient to constitute an assault. Physical contact is not required.	There must be physical contact.
3.	Principle	Construct a reasonable fear in the victim’s mind that instant force & threat will be used.	The same should apply in the absence of any legal justification.
4.	Objective	To make a threat against someone.	To harm someone.
5.	Nature	Not always physically	Physical effort is required

Difference between Criminal and Civil Assault

	Civil assault	Criminal assault
Meaning	In civil assault, to sue the respondent for the full extent of his loss, including lost earnings and pain and suffering of the past and future.	If the respondent is convicted, he may be imprisoned, and may also have to pay a fine and reinstatement. But the fine would be paid to the government, and restitution would most likely cover only the medical bills, not your non-economic losses such as pain and suffering stemming from the incident.
Procedure    Punishment	In civil assault case, a District Attorney is not involved. The matter is brought by the plaintiff. The plaintiff has more control in the case of civil assault.   A win for the District Attorney, results in jail term, a fine, or both.	After an attack, the victim should report to the police. The police will then make an arrest, take action on the alleged attacker and refer the case to the District Attorney.   When the plaintiff wins, the defendant will not go to jail, but will have to pay financial compensation.

Defenses

As with other types of criminal charges, there may be some defenses to assault charges. This will depend on each individual case, as well as other factors such as state law. Faults commonly charged with assault charges include:

1. Self-defense: This could be a defense if the defendant was acting out of self-defense. They should only use the amount or display of force that is appropriate in the situation and in proportion to the force being used against them.
2. Intoxication: In some cases, intoxication can be a legal defense, especially in cases where intoxication affects a person’s ability to act intentionally.
3. Coercion: This may be a defense if the defendant was forced to attack under threat of harm (for example, if they are being held at gunpoint and for assault at the behest of someone).
4. Lack of proof / proof: As stated above, if the elements of proof are not found or supported with the correct evidence, it can serve as a legal defense. Many other types of avoidance may exist depending on the circumstances

Tuberville v Savage – the defendant during an argument put his hand on his sword and said “if it were not assize time I would not take such language from you”.It was held that the defendant committed no assault because his words negated the threat of his conduct.

R v St George – it was held that to point an unloaded gun at another could constitute assault if the person was not aware that the gun was unloaded however if the person was aware that the gun was unloaded there is no assault

conclusion:

Assault and Battery are two forms of Trespass to person. Battery is the intentional application of force to another person. Assault is an action of the defendant which application of force to another person. Assault is an action of the defendant which by the defendant. (Winfield) . The word force has a defined scope in the context of assault and battery ; infliction of light, heat, electricity, gas, odour and similar things which may be applied to such a degree as to cause injury or personal discomfort, amounts to force as required in battery. As Chief justice Holt, rightly said the least touching of another in anger is
battery (Cole V. Turner). Hence spitting a man on his face is assault, but, if any drops fall on him, it is battery.