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Home Bare Acts Phrase: provocationIndian Penal Code (45 of 1860) Section 352
Title: Punishment for Assault or Criminal Force Otherwise Than on Grave Provocation
State: Central
Year: 1860
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.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 153
Title: Wantonly Giving Provocation with Intent to Cause Riot--if Rioting Be Committed--if Not Committed
State: Central
Year: 1860
Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, withimprisonment of either description for a term which may extend to six months, or with fine, or with both.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 334
Title: Voluntarily Causing Hurt on Provocation
State: Central
Year: 1860
Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause 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 one month, or with fine which may extend to five hundred rupees, or with both.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 335
Title: Voluntarily Causing Grievous Hurt on Provocation
State: Central
Year: 1860
Whoever 1 [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. _______________________ 1. Inserted by Act 8 of 1882, section 8.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 355
Title: Assault or Criminal Force with Intent to Dishonour Person, Otherwise Than on Grave Provocation
State: Central
Year: 1860
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 with imprisonment of either description for a term which may extend to two years, or with fine, or with both. STATE AMENDMENTS 1Andhra Pradesh offence under Section 355 is non-cognizable, bailable and triable by any Magistrate. _______________________ 1. Vide Andhra Pradesh Act 3 of 1992, section 2 (w.e.f. 15-2-1992).
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 358
Title: Assault or Criminal Force on Grave Provocation
State: Central
Year: 1860
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. Explanation.--The last section is subject to the same Explanation as section 352.
View Complete Act List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....Court of Justice (including a liquidator, receiver or Commissioner) whose duty is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process, or to a administrator any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties; Fifth--Every juryman, assessor, or member of a Panchayat assisting a Court of Justice or public servant; Sixth--Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; Seventh--Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; Eighth--Every officer of the Government, whose duty it is, as such officer, to prevent offences, to give information of offences, to being offenders to justice, or to protect the public health, safety or convenience; Ninth--Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of.....
List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 16
Title: Of Offences Affecting the Human Body
State: Central
Year: 1860
.....defence. Explanation.--Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. Illustrations (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z"s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to, A, A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A's deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 300
Title: Murder
State: Central
Year: 1860
.....defence. Explanation.--Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. Illustrations (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z"s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to, A, A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A's deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A.....
View Complete Act List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Assam
Year: 1973
.....faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other.....
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