Section 344 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 344 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with:
"Assault or criminal force on grave provocation"
Bare Act Language:
Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Key Elements:
Nature of the Act: Assault or use of criminal force.
Provocation: Must be grave and sudden, and must come from the victim.
Punishment:
Imprisonment (up to 1 month), or
Fine (up to ₹1,000), or
Both.
Explanation:
This section provides mitigated punishment for assault or criminal force if committed under provocation. The idea is that a person who is provoked suddenly and seriously might momentarily lose control and react violently. While the act is still punishable, the law recognizes the human impulse involved.
Illustration:
Suppose A abuses B using extremely offensive language in public, and B, enraged by the grave and sudden insult, slaps A. B may be punished under Section 344, but with a lighter sentence due to the provocation caused by A.
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