Battery and Assault: Meaning and Application

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BATTERY

    Battery is an unlawful use of any physical force on another person including beating or offensive touching without the person’s consent. Israel (2009:66) defined battery as “to slap somebody on his face, or to hit somebody with any object on his body, or to strike somebody with any object.” He goes on to argue that “Kissing anyone unknowingly is battery.”

     But, what did the law say about battery? According to the Criminal Code Act Chapter 77 the Laws of the Federal Republic of Nigeria 1990, Section 338 defined battery as thus:

1. Unlawful wounds on another or;
2. Unlawful, and with an intent to injure or annoy any person, cause any poisonous or other noxious thing to be administered to or taken by, any person. Such a person is guilty of a felony, and is liable to imprisonment for three years.

    Note that battery is different from assault. Battery involves physical contact while assault involves apprehension or putting fear in the life of somebody. Both of them are criminal offences. (See Assault).

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