Key difference between false imprisonment and assault
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FALSE IMPRISONMENT
the state of being imprisoned without legal authority.
ASSAULT
make a physical attack or a concerted attempt to do something demanding.
the state of being imprisoned without legal authority.
ASSAULT
make a physical attack or a concerted attempt to do something demanding.
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Assault is defined under section 351 of Indian Penal Code.
An assault is an act which intentionally causes another person to apprehend the infliction of the immediate, unlawful force on a person.
Important ingredients to prove assault :
Apprehension in the mind of the person. )And prima facie ability to do the harm.
Therefore, Assault is an act of putting another person in reasonable fear or apprehension of an immediate battery. This could be done by the act amounting to an an attempt or threat to commit a battery that amounts to an actionable tort of assault.
False Imprisonment is restraining a person in circumscribed limit without any lawful justification and the consent of the person.
A false imprisonment is complete deprivation of liberty for any time, however short, without any lawful excuse
False Imprisonment in Torts Law
Essentials of False Imprisonment :
There should be total restraint on the liberty of a person.It should be without any lawful justification.
An assault is an act which intentionally causes another person to apprehend the infliction of the immediate, unlawful force on a person.
Important ingredients to prove assault :
Apprehension in the mind of the person. )And prima facie ability to do the harm.
Therefore, Assault is an act of putting another person in reasonable fear or apprehension of an immediate battery. This could be done by the act amounting to an an attempt or threat to commit a battery that amounts to an actionable tort of assault.
False Imprisonment is restraining a person in circumscribed limit without any lawful justification and the consent of the person.
A false imprisonment is complete deprivation of liberty for any time, however short, without any lawful excuse
False Imprisonment in Torts Law
Essentials of False Imprisonment :
There should be total restraint on the liberty of a person.It should be without any lawful justification.
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