Punishment for Assault or Criminal Force otherwise than on Grave Provocation - Section 352
Some people are very patient but some are so angry. Everyone has some patience limit and some people have some trigger point for example sisters are brothers weak point brothers cannot listen to a single word about their sisters, children cannot listen to any bad thing about their parents, etc. there are some people who are very calm but some words or talking about something or someone can provoke them, provocation can make a person do something which that person might not do in their normal senses. Anger can make someone do something which neither he/she wants in normal circumstances. We are going to discuss assault and criminal force, what is the punishment? What is grave and sudden provocation? Section 352 of the Indian Penal Code: Section 352 of the Indian Penal Code talks about the punishment if someone uses his/her criminal force or assault without any provocation, it states that if someone assaults any other person or uses criminal force on someone without getting provoked by such person is a punishable offence. Grave and Sudden Provocation: Grave and Sudden provocation mean when any word or any person says something or does something that will make the person angry or make the person lose his/her control and do something which that person normally might not do is a grave and sudden provocation. Grave and Sudden Provocation are used as a defense because due to provocation a person loses his /her sense and control and loses the understanding of things and the difference between right and wrong therefore it is used as a defense. Consult the best lawyer online Criminal force: Criminal Force is discussed in section 350 of the Indian Penal Code, it states that when someone without the consent of the other person uses force to make him/her do something or not to do something or used force to commit any crime or to make the person scared or is aware of the fact that using such person can either injure the other person or can kill is a criminal force which is a punishable offence.
Explanation: There are three explanations regarding section 352 of the Indian Penal Code, all of them describe the grave and sudden provocation when someone uses criminal force or assault. The accused cannot use grave and sudden provocation in order for reducing the punishment especially if the provocation is due to any of the given reason which is as follows:
It states that if the person accused under this section provokes voluntarily so that he/she can use it as an excuse to commit the crime under section 352 the punishment under this section will not be reduced.
If the person or the accused gets provoked when the other person does so by obeying the law or it is made by a public servant if he/she is exercising his/her lawful power.
According to this explanation, the person is provoking the accused person when he/she is doing something by following the law for exercising the right of private defense.
What is the punishment if a person commits crimes under section 352 of the Indian Penal Code
If a person is charged under section 352 of the Indian Penal Code, then that person would be punished with imprisonment up to three months or a fine of up to five hundred rupees or both.
IPC section 352 is a bailable and non-cognizable offence. It can be compounded by the person who is the victim of such criminal force or assault and can be tried before any magistrate, hence it is also a compoundable offence. It can be tried before any magistrate.
Get in touch with the best lawyer online
Illustration: A enters the property of B and started destroying the garden and cutting the plants and trees and to protect that B told A that if A did not stop then she will call the police and get him arrested by filing a case against him and A gets provoked by this and attacked B with the Axe he had and B got hurt. A cannot say that he attacked B due to the provocation and liable to be punished under section 352 of the Indian Penal Code because B was lawfully exercising her rights of private defense.
Conclusion: Hence it is concluded that if a person commits offence or crime under section 352 of the Indian Penal Code the person should be punished with imprisonment for three months or a fine of up to 500 or maybe both but the key ingredient in this section is a provocation. Under this section, the person committing the offence cannot use provocation to reduce their punishment section 352 talks about the punishment for using criminal force and assault on someone otherwise than on provocation but if the person is provoked due to any of the explanation of this section, then the person cannot use it for justifying their act or crime.
This article was drafted by Ms. Charu Shrivastava, B.A.LLB(H), Galgotias University, Greater Noida. U.P.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Assault or Criminal Force Otherwise than on Grave Provocation | mprisonment up to three months or a fine of up to five hundred rupees or both | non-cognizable | Bailable | Any Magistrate |
| Offence | Assault or Criminal Force Otherwise than on Grave Provocation |
|---|---|
| Punishment | mprisonment up to three months or a fine of up to five hundred rupees or both |
| Cognizance | non-cognizable |
| Bail | Bailable |
| Triable By | Any Magistrate |
