सं Samvidhan

Indian Penal Code, 1860

Section 358

repealed

Assault or criminal force on grave provocation

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.