Legal provisions regarding Causing hurt or grievous hurt on provocation under section 334 & 335 of Indian Penal Code, 1860.
Causing hurt or grievous hurt on provocation (Sections 334 & 335)
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1. Voluntarily causing hurt on provocation (Sec. 334)
“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.”
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2. Voluntarily causing grievous hurt on provocation (Sec. 335)
“Whoever 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.
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Explanation:
The last two sections are subject to the same provisos as Exception 1, Section 300.”
The essential ingredients of Sections 334 and 335 are as follows:
1) The offender should voluntarily cause hurt or grievous hurt;
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2) It should be caused on provocation;
3) The provocation caused should be both grave and sudden;
4) He should not intend to cause hurt to any person other than the person who provoked;
5) Or he should not have knowledge that his act is likely to cause hurt or grievous hurt to any person other than the person who provoked.
Section 334 serves as a proviso to Sections 323 and 324 and Section 335 serves as a proviso to Sections 325 and 326.
In order that Sections 334 and 335 should apply, it is important to establish that there was provocation and such provocation was grave and sudden. If the provocation is only sudden but not grave, the offence will not be one punishable under either of these Sections. Similarly, if the provocation is only grave and not sudden, the act will not amount to an offence under these sections.
The test of ‘grave and sudden’ provocation is whether a reasonable man belonging to the same class of society as the accused, placed in the situation in which the accused was placed, would be so provoked as to lose his control.
The subject has been exhaustively considered under Section 300, Exception-I, to which reference should be made for a further commentary on Section 335.
If the injury caused is simple hurt, then the punishment prescribed under Section 334 is imprisonment of either description, which may extend to one month or with fine which may extend to Rs. 500 or with both. If the injury is grievous hurt, then the punishment prescribed under Section 335 is imprisonment of either description for a term which may extend to four years or with fine which may extend to Rs. 2000 or with both.
In State of Madhya Pradesh v. Rajesh & others [(1997) Cr.LJ 2466 (MP)], the Court convicted the accused, who, on provocation, stabbed the victim who was urinating in front of his house, under Section 335.
The offence under Sections 334 and 335 is cognizable but summons shall ordinarily issue in the first instance. It is bailable, compoundable and is triable by a Magistrate.