Indian Penal Code, 1860
Section 335
repealedVoluntarily causing grievous hurt on provocation
Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.
Why this exists
This is the grievous-hurt counterpart to Section 334. It acknowledges that a serious injury caused in a sudden fit of provoked rage is less blameworthy than a planned, serious assault, while still recognising that serious injury deserves more than a token punishment.
Common misconceptions
- Myth: Serious provocation means no punishment at all.
Fact: The punishment is reduced, not removed; causing grievous hurt is still a crime even under grave provocation.