Voluntarily causing grievous hurt on provocation
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Summary
Voluntarily causing grievous hurt in response to a grave and sudden provocation is punishable, but only when the harm is directed at the person who provoked and the offender neither intended nor foresaw causing grievous hurt to anyone else. It applies when the act is done on the spur of the moment after a serious provocation. Penalty: up to four years imprisonment, or fine up to two thousand rupees, or both.
Example
Rohan insults Karan loudly in public. In sudden anger Karan hits Rohan and causes a broken arm, a grievous hurt. Because Karan acted on grave and sudden provocation and did not intend or foresee harming anyone else, he can be punished with up to four years imprisonment, or a fine up to two thousand rupees, or both.
Bare Act
Enacted textWhoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.
Explanations
(1) The last two sections are subject to the same provisos as Exception 1, section 300.
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