Leading criminal advocates for assault cases in Chennai high court

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Leading criminal advocates for assault cases in Chennai high court

LEGAL SERVICES FOR ASSAULT CASES

LEGAL SERVICES FOR ASSAULT CASES

It is important to maintain peace and order in any society for the peaceful living of people in the first place. People should never fear if they face injury to lives, limbs, and property in this case.

ASSAULT is an act to physically damage or unwanted physical contact in person or, in some specific legal definition, a threat or attempt to commit such acts. It is a crime and a tort and, therefore, can result in criminal prosecution, civil, or both. Generally, the common law definition is the same in both criminal and tort law.

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Top Criminal Lawyers for assault cases in Chennai

The main aim of Criminal law is in the hope that to protect and preserve basic social values and institutions. With this intention, criminal law prescribes a set of human behavior. Criminal law forbids certain conducts with this in mind. It prescribes punishments for the disregards of such norms and conducts to the end those crimes.

Saravanan and Sathish Advocates is an Appellate Lawyers office that provides legal services for Criminal Cases and Civil litigation. One can reach our legal counsel for the purpose of the best legal services. In other words, they solve issues instantly.

What is Assault ?.

Assault is part and parcel of any criminal activity. It is the basis on which an act gets considered as criminal. Many a time an act of assault gets misinterpreted or misunderstood. It leads to confusion. It’s important to know it’s meaning to avoid confusion. It explains the legality of the act in any case. At this point, It also shows the mindset of the person who is harming and having the wrong intentions.

Explanation on the definition of assault:- Section 351 of the Indian Penal Code

A mere verbal threat cannot be considered as an assault. Unless the person to whom verbal threat is made
assumes that the person is going to use force.

Illustrations:

A shakes his fist at Z. A knows that this action may make Z believe that A is about to strike. A has committed an assault.
A begins to open the cage of a ferocious dog. A knows that his action may make Z believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.
A takes up a stick, saying to Z, “I will give you a beating”. Here, the gesture explained by the words may amount to an assault.”

The essential ingredients of an assault are :

1) That the accused must make a gesture at the same time prepare to use criminal force;
2) Such gesture or preparation is made in the presence of the intended person
3) There should be knowledge on the part of the accused. The accused should know that such a gesture would
cause apprehension in the mind of the victim. The victim believes that criminal force may be in use against him;
4) Such gesture or preparation has actually caused apprehension in the mind of the victim. The victim believes in
the use of criminal force against him.

When proving assault, the aspect of reasonableness is also very important. Unless there is no reasonableness of the action, it is difficult to prove the Guilty. The essence of the offense lies in the effect that is created in the mind of the person who has or going is to get hurt.

The following are essentials to be instances of assault:

Lifting one’s lathi or stick
Throwing brick into someone’s house
Fetching a sword and advancing with it towards the victim
Pointing of a gun, whether loaded or unloaded, at a person at a short distance
Advancing with a threatening attitude to strike blows.

Punishment for assault SECTION 352 IPC –

The Court will punish Whoever assaults any person with imprisonment of up to 3 months or fine of Rs.500 or both.

Applicable Offences

Assault or use of criminal force otherwise than on grave provocation Punishment – 3 Months or Fine or Rs. 500 or Both. As a matter of fact, This is a Bail-able, Non-Cognizable offense and trial-able by Any Magistrate This offense is compoundable by The person assaulted. Police have the authority to arrest the accused without a warrant when an assault is clear.

Police do not need court permission to start an investigation when the assault is clear. In the event that If an assault is not clear, police can arrest the accused only with a warrant. Police need a Court order to start an investigation when the crime is not clear.

bail-able offense

If an offense is bail-able, police have the authority to release the accused on bail. To give bail, the police need a defined
surety amount along with a filled bail bond. This process happens at the concerned police station. The otherwise arrested person has to apply for bail before a magistrate or court

Compoundable offense

If an offense is compoundable, a compromise can be done between the accused and the victim. Thus, You can avoid a trial. Except under certain situations, no compromise is permissible among parties of assault. The High Court or the Supreme Court have the authority for quashing such matters.

Aggravated assault

It is, in some jurisdictions, a more powerful form of attack, usually using a deadly weapon. Someone assaulted when people attempt to:

Causing serious injury to another person with a deadly weapon having sexual intercourse with a person aged under the consent age.
Recklessly causing bodily harm with operating a motor vehicle during a road-rage; often referred to as one attack vehicle or with a motor vehicle.
This offense can also be charged in case of attempting to harm police officers or any other public servants.