Punishment for assault or criminal force otherwise than on grave provocation
Chapter 6: Offences affecting the human body
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 description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Explanation 1.— Grave and sudden provocation will not mitigate the punishment for an offence under this section,—
(a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or
(b) 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
(c) if the provocation is given by anything done in the lawful exercise of the right of private defence.
Explanation 2.— Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 128ForceIPC 349
- 129Criminal forceIPC 350
- 130AssaultIPC 351
- 132Assault or criminal force to deter public servant from discharge of his dutyIPC 353
- 133Assault or criminal force with intent to dishonour person, otherwise than on grave provocationIPC 355
- 134Assault or criminal force in attempt to commit theft of property carried by a personIPC 356