Explanation.—2008Explanation 1.—2008Grave 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
Section history
Section 352 — Punishment for using criminal force otherwise than on grave and sudden provocation
Consolidated view is experimental and may be broken for certain provisions.
Amendments
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 $5002008$1,5002008, or with both.
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 $1,500, 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
if the offender knows or has reason to believe that the 2022provocation 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.2008
Explanation.—if the provocation is given by anything done in obedience to 2008the law or by a public servant in the 2008lawful exercise of the powers2008right2008 of such public servant;2008private2008 or2008defence.2008
Explanation.—if2008Whether2008 the provocation is2008was2008 given2008grave2008 by2008and2008 anything2008sudden2008 done2008enough2008 in2008to2008 the2008mitigate2008 lawful2008the2008 exercise2008offence,2008 of2008is2008 the2008a2008 right2008question2008 of private defence.2008fact.2008
Explanation.—Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
[Indian PC 1860, s. 352]