● Modified in BNS
Assault or use of criminal force without grave and sudden provocation carries up to 3 months' imprisonment, or fine up to Rs 1,000, or both under BNS Section 131 -- the fine ceiling doubled from IPC 352's Rs 500.
Section 352 IPC punished assault or use of criminal force, other than on grave and sudden provocation given by the victim, with imprisonment of either description up to 3 months, or fine up to Rs 500, or both. An Explanation listed circumstances where provocation would not mitigate the punishment -- self-sought provocation, lawful acts of a public servant, or acts done in lawful private defence.
BNS Section 131 reproduces the offence and the provocation Explanation in substance, restructuring it into lettered sub-clauses and a second Explanation, but doubles the maximum fine from Rs 500 to Rs 1,000. The imprisonment term is unchanged.
Imprisonment term unchanged; the maximum fine doubles from Rs 500 to Rs 1,000, consistent with the BNS's general updating of the IPC's older fine figures.
Imprisonment of either description up to 3 months, or fine up to Rs 1,000 (up from Rs 500 under the IPC), or both..
IPC 352 is bailable..
This is a non-cognizable. offence.
Compoundable without the permission of the court, by the person assaulted or against whom criminal force was used..
Matters under IPC 352 are tried before the Any Magistrate..
Common defences include grave and sudden provocation by the victim (unless it falls within the statutory exceptions), absence of any gesture or preparation amounting to assault, and lawful exercise of the right of private defence.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons