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Assault and Its Classification

Introduction

  • “Assault is the act against a person” – More precise wording could be “Assault is a criminal act that threatens or causes physical harm to another person.”
  • “Because of assault, a person’s life can also be in danger.” – While true in some cases, assault doesn’t always endanger life. You could say “Assault can range from minor injuries to life-threatening situations.”

Definition of Assault

  • This section is well-written, but consider simplifying the legal language. You could say: “Assault can cause injuries ranging from minor to severe. According to the National Criminal Code 2012, assault involves using force or a weapon to cause bodily harm.”

Classification of Assault

  • Punishment for Assault
    • Consider rephrasing “The law itself protects from doing such act.” Maybe: “The law prohibits assault and prescribes punishments for offenders.”
  • Simple/General Assault
    • “If anybody does except the physical attack…” – This sentence is unclear. Maybe: “Simple assault involves causing any bodily harm that doesn’t result in amputation.”
    • “It should contain either intention or recklessness for being simple assault.” – Simplify to: “Simple assault can be intentional or reckless.”
  • Grievous Assault
    • “Grievous assault मा सरकार बादी हुन्छ । पिडितले नजिकको प्रहरीमा FIR दर्ता गर्नू पर्दछ ।” – This can be rephrased:”Grievous assault is a crime against the state. The victim should file an FIR (First Information Report) with the nearest police station.”
    • “National Criminal Code 2012 section 192 कानूनि ब्यवस्था रहेको छ” – This legal reference can be omitted for a general audience.

Jurisdiction, Locus Standi, Limitation, Nature of Case:

  • These sections contain legal concepts that might be difficult for everyone to understand. Consider simplifying them or providing explanations alongside the legal terms.
    • Jurisdiction: Explain that jurisdiction refers to the geographic area where a court has the authority to hear a case.
    • Locus Standi: This refers to who has the legal right to bring a case. Explain that in simple assault, the victim files the case, while in grievous assault, the government prosecutes.
    • Limitation: This refers to the time limit for filing a case. Briefly explain the time limits for assault cases.
    • Nature of Case: Explain that the legal process differs depending on the severity of the assault.

Important Precedents

  • These are specific legal cases that set precedents. They may not be relevant to a general audience.

Important Things to Remember

  • This section raises good points, but the wording can be improved.
    • “The nature of harm is it either general or grievous nature” – Rephrase: “It’s important to understand the severity of the harm, whether it’s simple or grievous assault.”
    • “If the affected person should get compensation and if its yes, then from whom” – Rephrase: “Victims of assault may be entitled to compensation. The source of compensation depends on the case.”
    • “If the affected person’s physical examination is conducted or not” – Rephrase: “A medical examination may be necessary to document the injuries.”
    • “If the accused got the services per the law or not” – Rephrase: “The accused has the right to legal representation.”
    • Should you have any questions please do not hesitate to contact us.

Written by

Alpana Bhandari

Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.

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