Intentional Torts in Indian Law
Introduction
Intentional torts refer to wrongful acts committed intentionally, resulting in harm to others. These torts are an essential part of Indian law, particularly relevant for LLB students studying civil law.
Types of Intentional Torts
Assault
Assault is defined under Section 350 of the Indian Penal Code (IPC). It involves an intentional act causing another person to fear imminent harmful contact.
Legal Section: IPC Section 350
Case Law: Rameshwar Singh v. State of Bihar, AIR 1968 SC 1285
Illustration: A person threatens to shoot another, even if they don't actually intend to do so. This constitutes assault.
Battery
Battery refers to the actual harmful or offensive touching of another person. It is covered under Section 351 of the IPC.
Legal Section: IPC Section 351
Case Law: Kesaribai v. State of Maharashtra, AIR 1978 SC 1948
Illustration: Physically hitting someone without consent.
False Imprisonment
False imprisonment occurs when a person intentionally confines another against their will. This is governed by Section 349 of the IPC.
Legal Section: IPC Section 349
Case Law: State of Punjab v. Gurmit Singh, AIR 1986 SC 1557
Illustration: Locking someone in a room without legal authority.
Intentional Infliction of Emotional Distress
While not explicitly mentioned in the IPC, this tort has been recognized by courts in India. It involves extreme and outrageous conduct intentionally causing severe emotional distress.
Case Law: M.P. Sharma v. Satish Chandra, AIR 1954 SC 300
Illustration: Repeatedly threatening someone with physical harm unless they comply with certain demands.
Defenses to Intentional Torts
Consent
Consent can be a valid defense in cases of battery or assault. However, it must be informed and voluntary.
Legal Section: IPC Sections 87-90
Self-defense
A person can use reasonable force to protect themselves from imminent harm.
Legal Section: IPC Section 96
Case Law: Emperor v. Balmukund, AIR 1926 PC 97
Illustration: Hitting someone who is attacking you with a weapon.
Conclusion
Understanding intentional torts i crucial for LLB students as they form the basis of personal injury litigation in India. Familiarity with these concepts and related case laws will serve students well in their future careers.