Torts or Wrong to personal Safety Freedom

• IAS NEXT, Lucknow
• 18, Jan 2021

An act for the damages lies in the following kinds of wrongs which are styled as injuries to the person of an individual.

Bodily Harm – A willful act or statement of defendant which cause physical harm to the plaintiff is a tort.

Battery – Any direct application of force by one individual to another without his consent or lawful justification is a "Wrong of Battery"

Following are essential elements of battery :-

Use of force – Even the force used is very trival (minor) & does not cause any harm, the wrong is committed.

Without lawful justification – Even a torch a person in anger, without lawful justification is battery. 

Assault – When the defendant by his act creates an apprehension in the mind of the person that he is going to commit a battery against him, the tort of assault is committed.

Example–

• Point a loaded gun at the plaintiff.
• Shake fist under his nose.
• False Imprisonment –

It means unauthorized restrain of any person or confined within a certain limit so that he cannot move beyond the limit of the four walls. Such an act infringed the right of the library of such a confined person. If a man restrained restrain of any person or confined within a certain limit So that he cannot move beyond the limit of the four walls. Such an act infringed the right of liberty of such a confined person. If a man restrained by a threat of force from leaving any place or even his own house or an open field, there is false imprisonment.

Malicious Prosecution – It consists of instigating a judicial proceeding against another, maliciously & without reasonable & probable cause of which results in damage to his reputation personal freedom, or property.

Essential elements of Malicious Prosecution –

• Prosecution to the plaintiff by the defendant
• There must be a want of reasonable & probable cause
• Defendant  act maliciously
• Damages suffered by the plaintiff

Nervous Stock – Nervous  shock is when a person does not get physical injury but by an impact.

Example – Nervous  shock through what he heard which may be stick, bullet or sword.

Causing nervous shock itself is not enough for tort, there must be some injury or illness that must take place as a result of the emotional disturbance, fear, or sorrow.

Defamation – Defamation is an attack on the reputation of a person. It means something is said or done by a person which affect the reputation of another.                                       

Libel – Libel is a representation in some permanent form.

e.g. – Written words, picture, cinema films etc.

Libel = Written

Slander – slander is the publication of a defamatory statement which are in temporary in nature.

e.g. – Spoken words or gesture

Slander = Oral  

• Punishment of libel is more severe than for slander.
• Defamation is a crime as well as a tort in India.
• Libel & Slander both are treated as crimes under section 499 of Indian penal code.