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slapped by ex-friend's father what to do
04-May-2023 (In Criminal Law)
does police help if someone slapped you? due to some personal animosity n to satisfy false ego someone slapped me and threatens me from entering a particular residential premises, where some of my freinds too stay. will i get some justice, i have my friends to my witness.
Criminal Law:Sec 352 of Indian Penal Code
"Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred, or with both.
Explanation: - Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or
If the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or
If the provocation is given by anything done in the lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact."
Civil Law:
Assault
Indian courts have held that to constitute assault it is not necessary that there should be some actual hurt caused. A threat constitutes assault.
The ingredients are set out below:
Making of any gesture or preparation by a person in the presence of another.
Intention or knowledge of likelihood that such gesture or preparation will cause the person present to apprehend that the person making it is about to use criminal force on him.
Battery
The criteria for battery is equivalent to that of criminal force defined in Section 350 of the Indian Penal Code.
"Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred, or with both.
Explanation: - Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or
If the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or
If the provocation is given by anything done in the lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact."
Civil Law:
Assault
Indian courts have held that to constitute assault it is not necessary that there should be some actual hurt caused. A threat constitutes assault.
The ingredients are set out below:
Making of any gesture or preparation by a person in the presence of another.
Intention or knowledge of likelihood that such gesture or preparation will cause the person present to apprehend that the person making it is about to use criminal force on him.
Battery
The criteria for battery is equivalent to that of criminal force defined in Section 350 of the Indian Penal Code.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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