CLASSIFICATION

OF TORT
UNIT - 3
WRONG TO THE PERSON
 INTRODUCTION

A PERSON CAN INSTITUTE THE TWO MAJOR TORTS IN

CIVIL AND CRIMINAL ACTIONS TRESPASS TO PERSON ARE AS
IF HIS RIGHT TO PERSONAL FOLLOWS:
SECURITY IS THREATENED
UNLAWFULLY BY ANOTHER. ASSAULT
THESES TYPE OF TORTS ARE BATTERY
KNOWN AS WRONG TO PERSON
OR TRESPASS TO PERSON.
 ASSAULT
ASSAULT MEANS LAYING OF HANDS OR AN
ATTEMPT TO DO A CORPORAL HURT TO
ANOTHER, BY USING SOME FORCE WITHOUT
ANY LAWFUL JUSTIFICATION.
ASSAULT IS AN OFFENCE UNDER S. 351 OF
IPC.
E.G. AN ATTEMPT TO BEAT , POINTING A LOADED
GUN ETC.
IN COMMON PARLANCE ASSAULT MEANS
INFLICTING SOME SORT OF PAIN/INJURY, BUT IN
THE LEGAL SENSE IT IS THE PREPARATORY ACTS
WHICH CAUSE APPREHENSION OF USE OF
CRIMINAL FORCE.
ESSENTIAL ELEMENTS
TO CONSTITUTE ASSAULT THE
FOLLOWING CONDITIONS ARE TO
BE SATISFIED.
THREAT OF FORCE OR
VIOLENCE - AN ACT INVOLVE
SOME BODILY MOVEMENT -
MERE WORDS NOT ENOUGH.
REASONABLE APPREHENSION
OF SUCH FORCE.( IN THE MIND
OF P) AND
D’S ABILITY OR CAPABILITY
TO CARRY OUT THE THREAT.
 CASE LAWS
BLAKE VS BAVISETTI VENKATA SURYA RAO VS. NANDIPATI
BERNARD (1840) MUTHAYYA (1964)

D POINTED A LOADED THE D A VILLAGE MUNSIFF DEMANDED P TO PAY

PISTOL AT THE P’S LAND REVENUE IMMEDIATELY. P EXPRESSED HIS
HEAD SAYING THAT INABILITY TO PAY AS HIS WIFE LOCKED THE
HOUSE AND GONE AWAY. D INSISTED THE P TO
HE WOULD BLOW HIS
PAY NEXT DAY, ELSE HIS MOVABLE PROPERTY
BRAIN OUT IF THE P
WILL BE CONFISCATED. AS THERE WAS NO
WERE NOT QUITE. D
MOVABLE PROPERTY, THE D PREPARED TO
HELD LIABLE FOR REMOVE P’S EARRINGS - GOLDSMITH WAS
ASSAULT. CALLED TOO -BEFORE THE ARRIVAL OF
GOLDSMITH SOMEONE ELSE PAID IT OFF - HELD
NO ASSAULT.
 BATTERY

LITERALLY MEANS “BEATING”. BUT THE THE CORRESPONDING PROVISION

TORT BATTERY IS NOT BEATING ALONE. IN IPC IS S. 350 - THE USE OF
CRIMINAL FORCE.
IT'S THE INTENTIONAL APPLICATION OF
FORCE TO ANOTHER PERSON WITHOUT
NECESSARY ELEMENTS
ANY LAWFUL JUSTIFICATION.

BATTERY IS THE COMPLETION OF USE OF FORCE. - PUSHING,

ASSAULT. TO CONSTITUTE BATTERY STABBING, BEATING ETC.
THERE MUST ACTUAL PHYSICAL IT’S INTENTIONAL
CONTACT. WITHOUT ANY JUSTIFICATION.
WRONGS TO PROPERTY
 TRESPASS TO LAND
IT MEANS THE UNAUTHORISED
INTERFERENCE WITH POSSESSION
OR ENJOYMENT OF LAND OF
ANOTHER.
ITS AN OFFENCE UNDER S. 441 OF
IPC.
ESSENTIAL ELEMENTS
UNAUTHORISED INTERFERENCE
DIRECT INTERFERENCE
UNAUTHORISED INTERFERENCE: - P
HAS TO PROVE THAT THERE EXIST
SOME UNAUTHORISED
INTERFERENCE BY THE D, ON THE
LAND.
DIRECT INTERFERFERENCE : - SUCH
INTERFERENCE MUST BE DIRECT E.G
PLANTING A TREE ON P’S LAND.
PROOF OF DAMAGE: ACTIONABLE PER
SE - HENCE P NEED NOT PROVE
DAMAGE SUFFERED TO HIM.
TRESPASS - DEFENCES
THE FOLLOWING DEFENCES ARE AVAILABLE TO THE D IN AN ACTION FOR
TRESPASS.

LEAVE AND LICENSE: A LICENSE MAKES AN UNLAWFUL ACT LAWFUL. IF

THE D ENTERS ANOTHER’S LAND WITH A LICENSE, HE IS NOT LIABLE.
PRESCRIPTION: IF A PERSON CONTINUES AN ACTIVITY ON THE LAND OF
ANOTHER PERSON, FOR A PERIOD OF MORE THAN 20 YEARS, THEN HE
ACQUIRES A LEGAL RIGHT BY WAY OF PRESCRIPTION. I.E LONG AND
CONTINUOUS USE LEGALISE AN ACT. 20 YEARS TO BE COUNTED FROM
THE DAY P CAME TO KNOW ABOUT SUCH TRESPASS.
STATUTORY/ LAWFUL AUTHORITY: A SUIT FOR TRESPASS IS NOT
MAINTAINABLE IF THE D ‘S ACT IS AUTHORISED BY LAW OR STATUTE.
 CONVERSION OR TROVER

UNLAWFUL INTERFERENCE WITH P HAS TO PROVE THAT HE HAS

ANOTHER’S GOODS AND IMMEDIATE POSSESSION OF THE
THEREBY DEPRIVING THAT GOODS AT THE TIME OF CONVERSION.
PERSON THE USE AND
AND SUCH POSSESSION IS DEPRIVED
POSSESSION OF GOODS.
BY THE D.
ESSENTIAL ELEMENTS
E.G BAILMENT - BAILEE CAN SUE FOR
POSSESSION CONVERSION
DEPRIVATION OF THE P’S
VALET PARKING / BANK LOCKER
POSSESSION