IPC Section 352
IPC Section 352: Punishment for Assault or Criminal Force otherwise than on Grave Provocation
Text of Section 352 IPC:
"Whoever assaults or uses criminal force to any person, otherwise than on grave and sudden provocation, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both."
Explanation:
Section 352 deals with assault and criminal force that is not caused by grave and sudden provocation. It criminalizes minor physical attacks or threats that do not amount to more serious offenses but still violate personal security.
Key Terms:
Assault:
Any act that causes a person to apprehend the use of criminal force.
Can be a threat or an attempt to cause harm.
Criminal Force:
The actual use of force on another person without consent.
Force can be physical contact like pushing, slapping, etc.
Otherwise than on grave and sudden provocation:
The punishment under Section 352 applies when the assault or criminal force is not in response to a grave and sudden provocation.
If there is grave and sudden provocation, other sections (like Section 335 IPC) may apply with lesser punishment.
Punishment:
Imprisonment of either description (rigorous or simple) for up to 3 months.
Or a fine of up to Rs. 500.
Or both imprisonment and fine.
Important Points:
The offense is non-grievous—meaning it does not cause serious injury.
It is a cognizable and non-bailable offense but generally tried in a Magistrate’s court.
It protects individuals from minor acts of physical violence or threats without sufficient provocation.
Examples:
Slapping someone in anger without any serious injury.
Shoving or pushing a person during a quarrel.
Threatening someone with minor physical harm without actual injury.
Relation to Other Sections:
More serious forms of assault causing bodily harm fall under Sections like 323 (voluntarily causing hurt).
Grave and sudden provocation can reduce the culpability or change the applicable section.
Section 351 IPC defines assault and criminal force in legal terms.
Summary:
Offense: Assault or criminal force without grave and sudden provocation.
Punishment: Up to 3 months imprisonment or Rs. 500 fine or both.
Nature: Minor physical attack or threat.
Purpose: To protect individuals from minor physical violence.
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