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Section history

Section 352 — Punishment for using criminal force otherwise than on grave and sudden provocation

As in force on 15 May 1998.

Timeline 5 versions
  1. 30 March 1987 Enacted
  2. 15 May 1998 You are here
  3. 1 February 2008 Act 51 of 2007
  4. 30 November 2008 Revised edition
  5. 1 March 2022 Act 23 of 2021
  6. 17 August 2026 Latest
352.Punishment for using criminal force otherwise than on grave and sudden 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 for a term which may extend to 3 months, or with fine which may extend to $500, 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

Explanation.—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

Explanation.—if the provocation is given by anything done in the lawful exercise of the right of private defence.

Explanation.—Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.