Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. Explanations The last section is subject to the same explanation as section 352.
IPC Section 358: Simplified Explanation
IPC Section 358 of the Indian Penal Code deals with the offence of “assault or criminal force on grave and sudden provocation.” This section applies when an individual uses assault or criminal force against another person under the influence of grave and sudden provocation given by that person. The key element here is the existence of grave and sudden provocation that causes the accused to lose self-control and commit the act.
Key elements of this section include:
- Assault or Criminal Force: The individual commits an act of assault (as defined under IPC Section 351) or uses criminal force (as defined under IPC Section 350) against another person.
- Grave and Sudden Provocation: The act must be committed under the influence of grave and sudden provocation given by the victim.
- Loss of Self-control: The provocation must be significant enough to cause the accused to lose self-control.
Is IPC Section 358 Bailable?
Yes, IPC Section 358 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 358 Punishment
The Punishment under IPC Section 358 for assault or criminal force on grave and sudden provocation includes:
- Imprisonment for a term that may extend to one month,
- Or with a fine that may extend to two hundred rupees,
- Or with both.
The relatively light Punishment reflects the mitigating factor of provocation in committing the offence.
Example of IPC Section 358
A real-life example of IPC Section 358 involved a man being provoked by a neighbour’s derogatory remarks about his family during a heated argument. In a fit of rage, the man slapped the neighbour. The act was committed under grave and sudden provocation. The man was charged under IPC Section 358 for using criminal force on grave and sudden provocation. The court considered the provocation and imposed a relatively light sentence, emphasizing the mitigating circumstances of the provocation.
In another instance, during a sports match, a player made a deeply insulting comment about another player’s personal life, leading to an immediate physical altercation. The provoked player punched the instigator, leading to charges under IPC Section 358. The case highlighted how the law considers the emotional impact of grave and sudden provocation in determining the appropriate Punishment for acts of assault or criminal force.
