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Section 334 of Indian Penal Code, 1860 – Explained!

January 17, 2019 0 Comment

This is a diminished responsibility provision with respect to sections 323 and 324 of the Code. This section has been mentioned as an exception in sections 323 and 324 of the Code. It must also be read keeping in mind the provisions in exception 1 to section 300. Section 334 requires proof that the offender voluntarily caused hurt on grave and sudden provocation and there was no intention on his part to cause hurt to any person except the giver of the provocation, or he did not know that his act was likely to cause hurt to any person except the giver of the provocation.

Whether the provocation was grave and sudden would depend upon the facts and circumstances of each case. According to the explanation attached to section 335 this section is also subject to the same provisos as exception 1 to section 300 and which have already been discussed at length under that section.

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The offence under section 334 is non-cognizable, bailable and compoundable, and is triable by any magistrate.

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