Bailabel Type : bailable

Description

Description:

Section 335 of the Indian Penal Code (IPC) addresses the offense of causing grievous hurt under the influence of grave and sudden provocation. This section acknowledges situations where a person, due to an intense emotional reaction (provoked by another), causes harm but without any prior intention or premeditated malice. In these circumstances, the law allows for a reduced punishment because the injury was not the result of intentional or premeditated violence but rather an impulsive response to provocation.

Key Elements of the Offense:

• Grievous Hurt: The injury caused must be grievous in nature, meaning it must be severe, such as fractures, deep wounds, permanent disfigurement, or loss of a body part. This section deals specifically with more serious injuries as compared to simple hurt (Section 323).

• Grave and Sudden Provocation: The person who commits the act of violence must be provoked in a way that is both grave (serious and intense) and sudden (occurring unexpectedly). This could include situations where an individual is insulted or physically attacked in a way that triggers an emotional outburst leading to the offense.

• No Intent to Cause Grievous Hurt: For the defense under Section 335 to apply, the person causing the injury must not have the intention to cause grievous hurt, nor did they know that their actions were likely to cause such harm. The violence committed must have been a reaction to the provocation, rather than a premeditated attack on another person.

• Hurt to the Provoker: Importantly, the section specifies that the grievous hurt must be caused to someone other than the person who provoked the offender. This means that if a person reacts violently to provocation and injures someone other than the one who provoked them, the offense may fall under Section 335.

Examples of Grievous Hurt on Grave and Sudden Provocation:

• Verbal Insult Leading to Violence: A person is insulted in public or called abusive names, causing a temporary loss of control, and in a fit of rage, they injure someone nearby severely, even though they did not intend to hurt that person.
• Physical Attack in Response to Provocation: An individual is physically attacked or threatened by another, and in retaliation, they cause grievous injury to someone else, even though they didn’t plan to harm anyone beyond the provoker.

This section helps in providing a legal defense in cases where a person, though committing grievous harm, was acting in a moment of heightened emotion provoked by an external factor, thereby recognizing that temporary loss of control may lead to less severe punishment than a premeditated offense.

Punishment

Punishment:

The punishment for causing grievous hurt due to grave and sudden provocation under Section 335 IPC includes:

1. Imprisonment:
   The offender may be sentenced to imprisonment of either description (simple or rigorous) for a term up to four years.

2. Fine:
   The person convicted may also be liable to a fine of up to two thousand rupees.

3. Both:
   The court may impose both imprisonment and a fine, depending on the specifics of the case.