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 rupees, or with both.
Explanations
- 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.
IPC Section 352: Simplified Explanation
IPC Section 352 of the Indian Penal Code deals with the offence of “punishment for assault or criminal force otherwise than on grave provocation.” This section applies when an individual commits an assault or uses criminal force against another person without being provoked gravely by the victim. The offence is considered less severe if committed under grave and sudden provocation, but Section 352 addresses situations where such provocation is absent.
Key elements of this section include:
- Assault or Criminal Force: The person must commit an act of assault (as defined under IPC Section 351) or use criminal force (as defined under IPC Section 350) against another person.
- Absence of Grave Provocation: The act must be carried out without any grave and sudden provocation from the victim.
Is IPC Section 352 Bailable?
Yes, IPC Section 352 is a bailable offence. This means that an individual charged under this section can obtain bail from the police station or through the court, depending on the specifics of the case and the authorities’ discretion.
IPC Section 352 Punishment
The Punishment under IPC Section 352 for assault or use of criminal force otherwise than on grave provocation includes:
- Imprisonment for a term that may extend to three months,
- Or with a fine that may extend to five hundred rupees,
- Or with both.
The relatively light Punishment reflects the less severe nature of the offence compared to more serious physical assaults or uses of force.
Example of IPC Section 352
A real-life example of IPC Section 352 involved a situation where a customer, upset over a delay in service at a restaurant, pushed the waiter in anger. The push constituted criminal force without any grave provocation from the waiter. The customer was charged under IPC Section 352 for using criminal force. This case highlighted the legal consequences of losing self-control and using force in situations without grave provocation.
In another case, a person slapped a co-worker during a heated argument over a minor issue at work. Any grave or sudden action from the co-worker did not provoke the slap. The person was charged under IPC Section 352, emphasizing that the law seeks to deter individuals from resorting to physical actions to resolve disputes without significant provocation.
