Criminal Law Videos - Punishment for assault otherwise than on grave provocation


This section punishes assault or criminal force otherwise than on grave and sudden provocation. It says that whoever assaults or that person, shall be punished with simple or rigorous imprisonment for a term extending up to three months, or with fine extending up to five hundred rupees, or with both.The explanation attached to the section states that grave and sudden provocation will not lessen the penalty 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 it is given by anything done while obeying the law, or by a public servant in the lawful exercise of the powers of such public servant, or if it is given by anything done in the lawful exercise of the right of private defence.

These are statements similar to what have been said in the provisos attached to the first exception of grave and sudden provocation under section 300 of the Code dealing with murder. The last part of the explanation under this section 352 says that whether the provocation was grave and sudden enough to mitigate the offence is a question of fact, which means that no general propositions could be made

The offence under section 352 is non-cognizable, bailable and compoundable, and is triable by any magistrate.
 


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