Section 358 IPC: Assault or criminal force on grave provocation
Indian Penal Code, 1860
Section 358 IPC at a Glance
Section 358 IPC deals with assault or criminal force on grave provocation. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 136 BNS.
Simple imprisonment for a term which may extend to one month, or fine, or both.
Section 358 IPC Bare Act Text
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 with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
ExplanationThe last section is subject to the same Explanation as section 352.
Source: Section 358, Indian Penal Code, 1860
Section 358 IPC in Simple Words
Section 358 of the Indian Penal Code (IPC) punishes any person who assaults or uses criminal force to another person on grave and sudden provocation given by that person. Because the act is an immediate reaction to severe provocation offered by the victim, the law prescribes a mitigated sentence consisting of simple imprisonment for a term extending up to one month, or fine extending up to two hundred rupees, or both.
By virtue of the statutory Explanation, Section 358 IPC incorporates the Explanation from Section 352 IPC, meaning provocation does not mitigate if it was sought by the offender, given by anything done in obedience to the law or by a public servant in the lawful exercise of his powers, or given in the lawful exercise of the right of private defence. The offence is non-cognizable, bailable, triable by any Magistrate, and compoundable under Section 320(1) CrPC without court permission by the person assaulted.
Ingredients of Section 358 IPC
- The accused assaulted or used criminal force to another person
- The act was committed upon grave and sudden provocation given by that very person
- The provocation was not sought as an excuse, was not given by anything done in obedience to the law or by a public servant in the lawful exercise of his powers, and was not given in lawful exercise of private defence
Punishment Under Section 358 IPC
Simple imprisonment for a term which may extend to one month, or fine, or both.
Fine which may extend to two hundred rupees, alone or with imprisonment.
Assault or criminal force on grave and sudden provocation is punishable with simple imprisonment for up to one month, or with fine of up to two hundred rupees, or with both.
Example of Section 358 IPC
When Section 358 IPC Does Not Apply
- The accused neither assaulted nor used criminal force against anyone.
- The assault or criminal force was committed without any grave and sudden provocation, or the provocation came from someone other than the person against whom force was used.
- The offender deliberately sought or provoked the incident as an excuse to assault or use criminal force against the other person.
- The alleged provocation arose from an act done in obedience to the law, by a public servant lawfully exercising official powers, or by a person lawfully exercising the right of private defence.
Section 358 IPC in the BNS
Section 358 IPC is now covered under Section 136 BNS.
Section 358 IPC is succeeded by Section 136 BNS. The maximum fine increases from two hundred rupees under the IPC to one thousand rupees under the BNS. The penalty of simple imprisonment extending up to one month and the statutory definition remain unchanged in substance, while the Explanation now references Section 131 BNS instead of Section 352 IPC.
View detailed comparison (IPC 358 vs BNS 136) →FAQs on Section 358 IPC
What does Section 358 IPC penalise?▼
Section 358 IPC penalises anyone who assaults or uses criminal force to any person on grave and sudden provocation given by that person.
What is the punishment prescribed under Section 358 IPC?▼
Simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
Why is the punishment under Section 358 IPC lighter than Section 352 IPC?▼
The punishment is mitigated because the accused acted in the heat of passion upon grave and sudden provocation given by the victim rather than with unprovoked intent.
What restrictions apply to the defence of provocation under Section 358 IPC?▼
Under the Explanation, provocation is not an excuse if sought by the offender, given by anything done in obedience to the law or by a public servant in the lawful exercise of his powers, or by anything done in the lawful exercise of the right of private defence.
Is Section 358 IPC cognizable and bailable?▼
Under the First Schedule to the CrPC, Section 358 IPC is non-cognizable and bailable.
Which court conducts trials for Section 358 IPC?▼
Any Magistrate is empowered to try an offence under Section 358 IPC.
Can an offence under Section 358 IPC be compounded?▼
Yes; under Section 320(1) CrPC, the offence may be compounded without the permission of the court by the person assaulted.
Which section in the Bharatiya Nyaya Sanhita corresponds to Section 358 IPC?▼
In Section 136 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·