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Wednesday, May 5, 2021

Other forms of Criminal Force and Assault (Ss 355-358) IPC

Section 355 - Assault or criminal force with intent to dishonour person, otherwise than on grave provocation - Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished...

Ingredients

1. The offender must assault or use criminal force on the victim.
2. Such assault or criminal force must be used with the intent to dishonour the victim.
3. Such assault or criminal force must be used otherwise than on grave and sudden provocation given by the victim.
4. If the above ingredients are fulfilled, then it will be assault or criminal force with intent to dishonour person, otherwise than on grave provocation.


Punishment - Up to two years imprisonment of either description or with fine or both.

Classification of offence

- Non-Cognizable
- Bailable
- Traible by any Magistrate
- Compounded by the person assaulted or to whom criminal force is used.

Section 356 - Assault or criminal force in attempt to commit theft of property carried by a person - Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished...

Ingredients

1. The offender must assault or use criminal force to the victim.
2. Such assault or criminal force must be used while attempting to commit theft on property.
3. The victim must be wearing or carrying the property on which the theft is attempted.
4. If the above ingredients are fulfilled, it will be assault or criminal force in attempt to commit theft of property carried by a person.

Punishment - Up to two years imprisonment of either description or fine or both.

Classification of Offence

- Cognizable
- Bailable
- Triable by any Magistrate
- Non-Compoundable

Section 357- Assault or criminal force in attempt wrongfully to confine a person - Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished...

Ingredients

1. The offender must assault or use criminal force on the victim.
2. Such assault or criminal force must be used to attempt to wrongfully confine the victim.
3. If the above ingredients are satisfied, there will be assault or criminal force in attempt wrongfully to confine a person.

Punishment - Up to one year imprisonment of either description or up to Rs. 1000/- fine or both.

Classification of offence

- Cognizable
- Bailable
- Triable by any Magistrate
- Compoundable by the person assaulted or to whom the force was used with the permission of the court.

Section 358 - Assault 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...

Ingredients

1. The offender must assault or use criminal force on the victim.
2. Such assault or criminal force must be used on grave and sudden provocation given by the victim.
3. If the above ingredients are satisfied, there will be assault or criminal force on grave provocation.

Explanation - This section is subject to the same explanation as section 352.

(The Explanation to Section 352 lays down the scenarios where the defence of grave and sudden provocation will not be accepted. These are:

1. If the provocation is sought or voluntarily provoked by the offender as an excuse for the offence
2. If the provocation is given by anything done in obedience to the law.
3. If the provocation is given by a public servant, in the lawful exercise of the powers of such public servant
4. If the provocation is given by anything done in the lawful exercise of the right of private defence.

Finally, the explanation provides that whether the provocation was grave and sudden enough to mitigate the offence is a question of fact).

Punishment - Up to one month simple imprisonment or fine of Rs. 200/- or both.

Classification of the offence

- Non-Cognizable
- Bailable
- Triable by any Magistrate
- Compoundable by the person assaulted or to whom criminal force is used.

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