Section 355 of Indian Penal Code, 1860 – Explained!

January 21, 2019 0 Comment

Where a woman belonging to low caste threw water on the accused, a man belonging to high caste, while he was performing his morning prayers, it was held that the latter received grave and sudden provocation so as to justify him to catch her with the use of force, and, therefore, the latter could not be held to be guilty under section 355.

But where in the course of a trial of the accused in connection with a criminal matter against him, a sub-inspector who was in the witness box giving testimony against him was struck by the accused, it was held that an offence under this section was committed because criminal force was used with the intention of dishonouring the sub-inspector otherwise than on grave and sudden provocation.

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


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