Section 352 IPC-Dhara 352-Dafa 352-Punishment for assault or criminal force otherwise than on grave provocation

Section 352 of IPC-Dhara 352-Dafa 352-Punishment for assault or criminal force otherwise than on grave provocation:

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. 

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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Non-Cognizable—Bailable—Triable by any Magistrate—Compound­able by the person assaulted or to whom criminal force is used.

Comments

Thumb impression taken forcibly

Forcibly taking the thumb-impression of a person on a blank piece of paper amounts to an offence of assault or use of criminal force punishable under this section; Jadunandan Singh v. Emperor, AIR 1941 Pat 129.