Indian Penal Code, 1860
Section 352
repealedPunishment 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 description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Why this exists
This is the general, baseline punishment for ordinary assault or criminal force that does not fall under any of the more specific or aggravated categories, such as assault on a public servant or assault on a woman with intent to outrage modesty. It also builds in an exception: force used in immediate response to grave provocation from the victim is treated differently.
Common misconceptions
- Myth: Any argument or insult counts as grave provocation excusing physical force.
Fact: Grave and sudden provocation has a specific legal meaning; ordinary arguments or insults generally do not qualify, so shoving or hitting someone over a verbal dispute still falls under this basic punishment.