What is Section 358 IPC? Assault or criminal force on grave provocation
Published on: Lawiz Team
Learn about Section 358 IPC: Assault or criminal force on grave provocation
Official Legal Text
Whoever assaults or uses criminal force on any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
What This IPC Section Means – Explained in Simple Words
Section 358 punishes anyone who uses criminal force against another person due to grave and sudden provocation given by that person.
Purpose
To provide a lesser punishment for assault or criminal force used under grave and sudden provocation.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 month, or fine up to 200 rupees, or both.
Key Elements
1. There must be an act of assault or criminal force. 2. The act must be due to grave and sudden provocation. 3. The provocation must be given by the victim.
Punishment Details
Simple imprisonment for up to one month, or a fine up to 200 rupees, or both.
Illustrative Example
If a person slaps another in anger after being insulted, it may be considered an offence under Section 358.
Legal Defenses
If the provocation was not grave or sudden, this section does not apply.
Related Sections
Related to Section 352 (Criminal force) and Section 355 (Criminal force to dishonor a person).
FAQs
What is covered under Section 358 IPC?
Assault or criminal force used on grave and sudden provocation.
What is the punishment under Section 358 IPC?
Simple imprisonment up to 1 month, or fine up to 200 rupees, or both.
Is Section 358 IPC cognizable?
No, it is a non-cognizable offence.
Example of assault on grave provocation?
Slapping someone after being insulted publicly.
Is it a bailable offence?
Yes, it is bailable.
Which court handles Section 358 IPC?
Tried by a Magistrate's Court.
Possible defences under Section 358 IPC?
Absence of grave and sudden provocation can be a defence.