UNDERSTANDING THE DISTINCTION BETWEEN ASSAULT AND BATTERY IN CRIMINAL LAW

The present research paper explores the differences between assault and criminal force (consistent with battery) under Indian criminal law, including historical development, statutory definitions, types, legal framework, and penalties. This research used doctrinal legal research methodology to examine provisions of the Indian Penal Code (IPC) and the recent Bhartiya Nyaya Sanhita (BNS), 2023, as well as judicial law included in relevant cases. Important findings include that assault (Section 351 IPC/BNS) requires some act or preparation that causes a reasonable apprehension that the defendant will cause the plaintiff injury without any physical contact, while criminal force (Section 350 IPC/BNS) involves the defendant intentionally making physical contact with the plaintiff without any consent, causing injury, fear or annoyance. This paper further analyzes two landmark rulings, including Rupavati v. Shyama (1958) as case law to illustrate judicial interpretations. Overall, the paper concludes that this important distinction is vital for classifying and relying on laws that evolve properly and must continually evolve to keep pace with modern issues, such as cyber threats.