Special Part, Illustration.

A. causes Z. to be beaten with a shoe. Z. may be entitled to substantial damages, though he has not suffered appreciable bodily hurt or pecuniary loss.

Note.—It does not seem desirable to depart from the definition of assault given in the Penal Code, though that definition is needlessly elaborate. The illustrations there given likewise appear to cover all the ordinary cases. A few negative illustrations are added; they do not come under the general exception of slight harm, section 26 above, but are not within the definition at all.

Self-defence has been provided for under the head of General Exceptions (clause 27 above), and does not seem to need further mention here.

In the case of false imprisonment, as of assault, the inconvenience of having different definitions for civil and criminal purposes appears to outweigh any criticism to which the terms of the Penal Code may be open.

It appears to have been decided in the North-West Provinces that “male relatives cannot sue for damages for an assault committed by the defendant on their female relatives” (Alexander, Indian Case-law on Torts, p. 159). It is certain that no such action lies in English law, except on the ground of per quod servitium amisit. Whether it ought or ought not to lie in British India, having regard to native usage and feelings, is a question of special policy outside the draftsman’s functions.

Next would come in logical order the causes of action for trespass to servants, &c., per quod servitium amisit, with their peculiar development in modern times in the action for seducing the plaintiff’s daughter, or person in a similar relation. I do not find that such actions are in use in British India. In English law they are now regarded as anomalous in principle and capricious in operation. As to trespass by intimidation of a man’s servants, &c. (a rather prominent head in the old books of the common law), I apprehend that such matters may be left to the Penal Code.