Section 335 IPC: Voluntarily causing grievous hurt on provocation

Indian Penal Code, 1860

Section 335 IPC at a Glance

Section 335 IPC deals with voluntarily causing grievous hurt on provocation. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 122(2) BNS.

Punishment

Imprisonment of either description for a term which may extend to four years, or fine, or both.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 122(2) →

Section 335 IPC Bare Act Text

335. Voluntarily 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.

Explanation

The last two sections are subject to the same provisos as Exception 1, section 300.

Source: Section 335, Indian Penal Code, 1860

Section 335 IPC in Simple Words

Section 335 of the Indian Penal Code (IPC) punishes voluntarily causing grievous hurt on grave and sudden provocation, provided the offender neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation.

The punishment is 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.

The offence is cognizable, bailable, triable by a Magistrate of the first class, and compoundable under Section 320(1) CrPC by the person to whom the hurt is caused.

Ingredients of Section 335 IPC

  • The accused voluntarily caused grievous hurt to another person
  • The grievous hurt was caused on grave and sudden provocation
  • The accused neither intended nor knew himself to be likely to cause grievous hurt to any person other than the person who gave the provocation
  • The provocation was not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person
  • The provocation was not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant
  • The provocation was not given by anything done in the lawful exercise of the right of private defence

Punishment Under Section 335 IPC

Imprisonment

Imprisonment of either description for a term which may extend to four years, or fine, or both.

Fine

Fine which may extend to two thousand rupees, alone or with imprisonment.

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Magistrate of the first class ⓘ

Voluntarily causing grievous hurt on grave and sudden provocation is punishable with imprisonment of either description for up to four years, or with fine of up to two thousand rupees, or with both.

Example of Section 335 IPC

In 2016, at a bus depot in Tiruchirappalli, Devendra suddenly hurled filthy insults at Aravind and struck him across the back with a rope without warning. Losing self-control under that grave and sudden provocation, Aravind picked up an iron wrench from a workbench and hit Devendra on the collarbone, causing a fracture that amounted to grievous hurt. Aravind neither intended nor knew himself likely to cause grievous hurt to anyone other than Devendra. The provocation was not sought by Aravind, nor given in obedience to law, by a public servant, or in private defence. Aravind is punishable under Section 335 IPC.

When Section 335 IPC Does Not Apply

  • The injury inflicted on the provoker is only simple hurt and does not constitute grievous hurt.
  • The grievous hurt is caused after premeditation or after passion has cooled, rather than on grave and sudden provocation.
  • The offender intends or knows himself likely to cause grievous hurt to a bystander other than the person who gave the provocation.
  • The offender deliberately sought or provoked the incident as an excuse to inflict harm.
  • The provocation came from an act done in obedience to law, by a public servant lawfully exercising official powers, or in the lawful exercise of private defence.

Section 335 IPC in the BNS

Section 335 IPC is now covered under Section 122(2) BNS.

Section 335 IPC is succeeded by Section 122(2) BNS. Under the Bharatiya Nyaya Sanhita, hurt and grievous hurt on provocation are consolidated in Section 122(2) BNS, with grievous hurt placed in sub-section 2. The maximum imprisonment term increases from four years under Section 335 IPC to five years under Section 122(2) BNS, and the maximum fine rises from two thousand rupees to ten thousand rupees. The statutory Explanation updates the cross-reference from Exception 1 of Section 300 IPC to Exception 1 of Section 101 BNS.

View detailed comparison (IPC 335 vs BNS 122(2)) →

FAQs on Section 335 IPC

What offence does Section 335 IPC punish?▼

Section 335 IPC punishes voluntarily causing grievous hurt on grave and sudden provocation, provided the offender neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation.

What is the punishment under Section 335 IPC?▼

Section 335 IPC prescribes 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.

Is Section 335 IPC cognizable or non-cognizable?▼

Under the First Schedule to the CrPC, Section 335 IPC is a cognizable offence.

Is Section 335 IPC bailable?▼

Yes, Section 335 IPC is classified as bailable under the First Schedule to the CrPC.

Which court tries an offence under Section 335 IPC?▼

Under the First Schedule to the CrPC, an offence under Section 335 IPC is triable by a Magistrate of the first class.

Can an offence under Section 335 IPC be compounded?▼

Yes, an offence under Section 335 IPC is compoundable under Section 320(1) CrPC without permission of the court by the person to whom the hurt is caused.

What statutory provisos govern the plea of provocation under Section 335 IPC?▼

Under the Explanation to Section 335 IPC, the provocation is subject to the three provisos to Exception 1 of Section 300 IPC, requiring that provocation was not sought as an excuse, not given in obedience to law or by a public servant, and not given in lawful private defence.

How does Section 335 IPC differ from Section 325 IPC?▼

Section 325 IPC punishes voluntarily causing grievous hurt without provocation with up to seven years imprisonment, whereas Section 335 IPC reduces the punishment to up to four years imprisonment because the act was provoked by grave and sudden provocation.

Have questions about Section 335 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 17 Oct 2026 ·