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Shailesh (Businessman)     23 March 2024

I kicked and punched my neighbor's driver for being provocative and shouting. what charges could be filed against me?

3 days ago, my neighbor appointed a new driver who was unaware of our society rules. He parked his employer's car in our area which my father and my big brother objected. He then came close to my father's space and debating in a loud voice. When my brother intervened, he did the same to him also. I pushed him back and told him to lower his tone and speak by standing back. He then came too close to me like he father's threatened to beat me up by which I got angry and kicked his leg and punched him on his chest. He then went inside and threatened to take legal action. What charges could be filed against me and that driver? Pls mention acts and section number defining them.

Sudhir Kumar who sticks her nose in every question is now challenged to answer this question else she is a fool and a coward.


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     23 March 2024

Section 352 IPC: Punishment for assault or criminal force otherwise than on grave 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 of either descripttion for a term which may extend to three months, or with fine which may extend to five hundred 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.

Dr. J C Vashista (Advocate )     25 March 2024

Can you please throw some more light on second part of your query about Sh. Sudhir Kumar.?

Shailesh (Businessman)     25 March 2024

Dr. J C Vashista, I will, but before that answer my first part of the question then only I will answer the second part.

Pradipta Nath (Advocate)     25 March 2024

Section 352 of the IPC for Punishment for assault or criminal force otherwise than on grave provocation. 

Shailesh, you can be bit relentful! May be someone is incorrect/correct as per you, but not to forget he is senior and your publicly abusing him harm your own aura and reputation!

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