Punishment for assault or criminal force otherwise than on grave provocation
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Summary
Assault or use of criminal force without grave and sudden provocation is punishable with imprisonment up to three months, or a fine up to five hundred rupees, or both. Provocation does not reduce punishment if the offender sought or voluntarily provoked it, or if it arose from obedience to law, from a public servant acting lawfully, or from lawful private defence. Whether the provocation was grave and sudden is a question of fact.
Example
Ravi and a neighbour argue late over loud music. The neighbour shouts but does not give a grave and sudden provocation; Ravi pushes the neighbour. Because there was no grave and sudden provocation, Ravi can face up to three months' imprisonment, or a fine up to Rs 500, 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 five hundred rupees, or with both.
Explanations
(1) 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
(2) 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
(3) 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.
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