Section 352 IPC: Punishment for assault or criminal force otherwise than on grave provocation

Indian Penal Code, 1860

Section 352 IPC at a Glance

Section 352 IPC deals with punishment for assault or criminal force otherwise than on grave provocation. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 131 BNS.

Punishment

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

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 131 →

Section 352 IPC Bare Act Text

352. Punishment for assault or criminal force otherwise than on grave provocation

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Explanation

Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or if the provocation is 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, or if the provocation is given by anything done in the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

Source: Section 352, Indian Penal Code, 1860

Section 352 IPC in Simple Words

Section 352 of the Indian Penal Code (IPC) punishes assault or using criminal force to any person otherwise than on grave and sudden provocation given by that person. The punishment is imprisonment of either description for a term which may extend to three months, or fine which may extend to five hundred rupees, or both.

The Explanation provides that grave and sudden provocation will not mitigate the punishment if it was sought or voluntarily provoked as an excuse, or if it was given by lawful acts in obedience to law, by a public servant lawfully exercising powers, or in lawful private defence. The offence is non-cognizable, bailable, triable by any Magistrate, and compoundable under Section 320(1) CrPC without permission of the court by the person assaulted or to whom criminal force is used.

Ingredients of Section 352 IPC

  • The accused committed an assault or used criminal force to another person
  • The act was committed otherwise than on grave and sudden provocation given by that person
  • The provocation will not mitigate punishment if it was sought or voluntarily provoked by the offender as an excuse, or if it arose from anything done in obedience to law, by a public servant in lawful exercise of power, or in lawful private defence

Punishment Under Section 352 IPC

Imprisonment

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

Fine

Fine which may extend to five hundred rupees, alone or with imprisonment.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Assault or criminal force otherwise than on grave and sudden provocation is punishable with imprisonment of either description for up to three months, or with fine of up to five hundred rupees, or with both.

Example of Section 352 IPC

In 2016 in Bhopal, Harsh boarded a crowded city bus where fellow passenger Kirit was sitting quietly near the window. Without any grave and sudden provocation given by Kirit, Harsh demanded the window seat and intentionally shoved Kirit's chest with both hands without Kirit's consent, intending to cause annoyance and fear so Kirit would vacate the seat. Because Harsh intentionally used criminal force to Kirit otherwise than on grave and sudden provocation given by Kirit, Harsh is punishable under Section 352 IPC.

When Section 352 IPC Does Not Apply

  • Section 352 IPC does not apply when the accused neither commits an assault as defined in Section 351 IPC nor uses criminal force as defined in Section 350 IPC.
  • Section 352 IPC does not apply when the assault or criminal force is committed on grave and sudden provocation given by the other person and not excluded by the Explanation, which is punishable instead under Section 358 IPC.
  • Section 352 IPC does not apply when physical contact happens with the free consent of the other person and without any criminal intent.
  • Section 352 IPC does not apply when force is lawfully used in the valid exercise of the right of private defence.

Section 352 IPC in the BNS

Section 352 IPC is now covered under Section 131 BNS.

Section 352 IPC is succeeded by Section 131 BNS. The imprisonment term remains up to three months, while the maximum fine is increased from five hundred rupees to one thousand rupees. The IPC Explanation is split into Explanation 1, with its three provisos structured as clauses a to c, and Explanation 2 covering the question of fact.

View detailed comparison (IPC 352 vs BNS 131) →

FAQs on Section 352 IPC

What does Section 352 IPC punish?▼

Section 352 IPC punishes committing assault or using criminal force against any person otherwise than on grave and sudden provocation given by that person.

What is the punishment under Section 352 IPC?▼

The punishment is imprisonment of either description for a term extending up to three months, or fine extending up to five hundred rupees, or both.

How did Section 131 BNS change the penalty under Section 352 IPC?▼

Section 131 BNS keeps the imprisonment limit of three months but raises the maximum fine from five hundred rupees to one thousand rupees.

What constitutes grave and sudden provocation under Section 352 IPC?▼

The IPC does not define it. Under the Explanation, provocation does not mitigate if it is sought or voluntarily provoked by the offender as an excuse, if it is given by anything done in obedience to the law or by a public servant in the lawful exercise of his powers, or if it is given by anything done in the lawful exercise of the right of private defence. Whether it was grave and sudden enough is a question of fact.

Is an offence under Section 352 IPC cognizable or bailable?▼

An offence under Section 352 IPC is non-cognizable and bailable under the First Schedule to the CrPC.

Which court is competent to try Section 352 IPC?▼

An offence under Section 352 IPC is triable by any Magistrate.

Can an offence under Section 352 IPC be compounded?▼

Yes. Under Section 320(1) CrPC, the offence may be compounded without the permission of the court by the person assaulted or to whom criminal force was used.

What is the corresponding provision for Section 352 IPC in the Bharatiya Nyaya Sanhita?▼

Section 352 IPC corresponds to Section 131 BNS, which contains the same offence elements with an enhanced maximum fine of one thousand rupees.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·