IPC Section 335
Section 335 IPC – Voluntarily Causing Hurt on Provocation
📜 Text of the Section:
"Voluntarily causing hurt on provocation, if the offender neither intends to cause hurt nor to commit an assault, and if the victim is deprived of self-control."
Explanation:
Whoever voluntarily causes hurt to any person, if he does so upon a sudden quarrel or in the heat of passion caused by provocation given by that person, and without any dangerous weapon or means, shall be punished with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
🔍 Explanation:
1. What does Section 335 cover?
It deals with hurt caused voluntarily but under certain conditions:
The person causing hurt did not intend to cause hurt or commit an assault,
The hurt is caused due to provocation or in the heat of passion,
The provocation must be from the person who was hurt,
No use of dangerous weapons or means.
2. Meaning of Key Terms:
Voluntarily causing hurt: The person willingly causes bodily pain or injury.
Provocation: A conduct or act by the victim that causes sudden anger or loss of self-control in the offender.
Heat of passion: The offender’s actions happen in a moment of anger without premeditation.
No dangerous weapon: The injury is caused without using anything dangerous.
3. Essentials to attract Section 335:
The hurt must be caused immediately after a sudden quarrel or provocation.
The offender must be in a state of sudden anger or heat of passion.
There should be no premeditation or intention to hurt.
The victim provokes or gives provocation.
No dangerous weapon or means is used.
4. Punishment:
Imprisonment: Up to 3 months,
Or fine: Up to ₹500,
Or both.
5. Difference from Section 323 IPC (Voluntarily causing hurt):
Section 323 applies when hurt is caused intentionally, regardless of provocation.
Section 335 is a special provision that reduces punishment when hurt is caused due to provocation without intent.
6. Example Scenario:
Person A and Person B get into a sudden quarrel.
Person B in a sudden loss of temper slaps Person A, causing minor hurt.
Person B did not intend to hurt seriously but acted in the heat of passion due to provocation.
Person B can be punished under Section 335.
📝 Summary Table
| Element | Description |
|---|---|
| Offence | Voluntarily causing hurt on provocation |
| Intent | No intention to hurt or assault |
| Condition | Hurt caused in heat of passion on provocation |
| Weapon | No dangerous weapon used |
| Punishment | Imprisonment up to 3 months, or fine up to ₹500, or both |
| Nature of offence | Cognizable, bailable, triable by Magistrate |
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