Indian Penal Code, 1860
Section 358
repealedAssault or criminal force on grave provocation
Whoever assaults or uses criminal force to 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.
Why this exists
The law recognizes that sudden, serious provocation can push an ordinary person to react physically without premeditation. Rather than punishing such a reaction as harshly as unprovoked assault, this section provides a much lower penalty, similar to how provocation reduces murder to culpable homicide under other IPC provisions. Under the Bharatiya Nyaya Sanhita, 2023, this offence is covered by the corresponding provocation-assault provision.
How courts read it
Courts have held that the provocation must be grave and sudden and must come from the very person assaulted; provocation that is sought or voluntarily provoked by the accused, or that is stale, does not qualify for this lighter punishment.
Common misconceptions
- Myth: Any excuse can count as 'provocation' to get a lighter punishment.
Fact: The provocation must be grave and sudden and must come from the person who was assaulted, not something minor, made-up, or from long ago.