Criminal Assault

As I said earlier , assault is a tort as well as a crime. The only difference between the two is that criminal assault is a combination of both ingredients in the torts of assault and battery. Thus, section 168 of Criminal Law of Lagos State defines assualt as:

“168. (1) A person who- assault (a) strikes, touches, moves, or otherwise applies force of any kind to the person of another, either directly or indirectly, without his consent; or (b) by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without his consent, in such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose is said to assault that other person”.

Based on the foregoing provision, you will be committing assault if you touch a lady’s hand or any part of her body without her consent. Yes, touching a lady’s backside could land you in jail if it is done without her consent. The same thing is applicable to a lady who is in the habit of slapping any guy who approaches her to “try his luck”. You will go to prison if you do it with a stubborn guy like me. Lol.


Pursuant to the provision of section 170 of Criminal Law of Lagos State, any person who unlawfully assaults another is guilty of assault. of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment for one year. That if the assault does not occasion any bodily harm or injury.

In a situation whereby the victim has suffered a bodily harm/ injury, the offender will go for a three- year holiday or sabbatical. In other words, he will be sentenced to 3 years imprisonment.

To be continued.

For more information / clarification, please contact us on 08027774196, 08138769066

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