Indian Penal Code,1860

Act No : 45

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Section : Punishment for assault or criminal force otherwise than on graveprovocation.

352. Punishment for assault or criminal force otherwise than ongrave provocation.--Whoever assaults or uses criminal force to anyperson otherwise than on grave and sudden provocation given by thatperson, shall be punished with imprisonment of either description fora term which may extend to three months, or with fine which may extendto five hundred rupees, or with both. Explanation.-Grave and sudden provocation will not mitigate thepunishment for an offence under this section, if the provocation issought or voluntarily provoked by the offender as an excuse for theoffence, or if the provocation is given by anything done in obedience to thelaw, or by a public servant, in the lawful exercise of the powers ofsuch public servant, or if the provocation is given by anything done in the lawfulexercise of the right of private defence. Whether the provocation was grave and sudden enough to mitigatethe offence, is a question of fact.

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