Punishment for assault or criminal force otherwise than on grave provocation
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Summary
Assault or use of criminal force without a grave and sudden provocation is punishable with up to three months imprisonment, or a fine up to Rs 1,000, or both. Provocation can reduce blame only if it was truly grave and sudden. Provocation will not mitigate if it was sought by the offender as an excuse, arose from obeying the law, came from a public servant lawfully acting, or occurred during lawful private defence. Whether provocation was grave and sudden is a question of fact.
Example
Rohan runs a roadside stall. When Arjun accidentally brushes against the stall, Rohan slaps him. The brush was not a grave and sudden provocation and Rohan was not acting in lawful self-defence. Under this section, Rohan may face up to three months imprisonment, a fine up to Rs 1,000, or both.
Bare Act
Enacted textWhoever 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 one thousand 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.
BNSS Classification
- Imprisonment for 3 months, or fine of 1,000 rupees, or both.
- Non-cognizable
- Bailable
- Triable by Any Magistrate.
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