Assault
1. There is no physical contract in an assault.
2. It is an ‘attempt’ to commit criminal force.
3. It is in initial stage.
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4. Every assault may not include battery.
5. Assault is an infringement of battery.
6. An assault is an overt act indicating an immediate act to commit a battery coupled with the capacity of carrying out the intention into effect.
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7. In order to constitute an assault, it is also necessary that the person so assaulted must, on reasonable grounds, believe that the person assaulting has the ability to apply the force so attempted by him.
8. Throwing of water upon a person is an assault.
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Battery
1. Physical contract is necessary in battery.
2. An attempt + applied force = completed act of battery.
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3. It is completed.
4. But every battery must always include assault.
5. Battery is an accomplished assault.
6. A battery is something more in it an intentional application of force to the person of another without lawful justification is necessary.
7. No such belief is needed in battery. On the other hand, the application of even the slightest amount of force is actionable. Even a slight touch to person is sufficient.
8. As soon as the water falls on the person, it becomes battery.