Winfield has given an interesting example , distinguishing assault and battery , which is popularly accepted by all . According to Winfield , when a person is going to sit on a chair , just at that moment if the chair is pulled away , the wrongful act of pulling away the chair is assault . The moment he falls on the floor and gets hurt , it is battery . Likewise , to throw hot water at a person is assault . But the moment , the hot water falls on the person , it is battery .
It has been observed by an eminent writer that assault and battery are like ham and eggs . But there are subtle points of distinctions between assault and battery .
The points of distinctions may be shown in the following tabular form .
| Assault. |
Battery. | |
| 1. | Assault is an action which puts the victim in instant fear of unlawful force though no force may actually be applied . | Application of unlawful force to another’s person is battery. |
| 2. | Assault includes mere fear of physical violence without any physical contact . | In battery physical contact as a result of the violence is must . |
| 3. | Assault may not be ended in battery . As for example , if X lifts up his stick aiming at y , that is battery . | But every battery includes assault. As for example , if X lifts up his stick aiming at y , and beats him , the beating is battery . |
| 4. | Where the wrongful act shows that there is reasonable apprehension of immediate violence , the act is assault . | But when the apprehension of violence takes the effect by touching the victims person , that is battery |
