Assault without actual battery

(1) A person makes an assault without actual battery on another person if, by any act apparently done in commencement of an assault and battery, he intentionally put the other person in fear of an instant assault and battery. (2) The definition is subject to the following provisions, namely– (a) It is not necessary that an actual assault and battery should be intended, or that the instruments or means by which the assault and battery is apparently intended to be made should be, or should by the person using them be believed to be, of such a kind or in such a condition as that an assault and battery could be made by means of them. (b) A person can make an assault within the meaning of this section by moving, or causing any person, animal or matter, to move towards another person, although he, or such person, animal or matter be not yet within such a distance from the other person as that an assault and battery can be made. (c) An assault can be made on a person within the meaning of this section although he can avoid actual assault and battery by retreating or by consenting to do, or to abstain from doing, any act.