Section Overview
Section Number:
IPC Section 335
Section Title:
Voluntarily Causing Grievous Hurt on Grave and Sudden Provocation
Act:
Indian Penal Code, 1860 (IPC)
Status:
Active (principle continued under Bharatiya Nyaya Sanhita, 2023)
Applicability:
IPC Section 335 applies when:
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A person voluntarily causes grievous hurt;
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The act is committed under grave and sudden provocation;
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The provocation is sufficient to deprive self-control;
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The injury is grievous in nature (Section 320 IPC).
This is an aggravated form of Section 334.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 335 ka simple matlab hai ki agar kisi vyakti ko bahut zyada gussa ya grave provocation milta hai aur woh usi moment mein kisi ko serious (grievous) chot pahunchata hai, to usko comparatively kam punishment mil sakti hai.
Simple words mein:
"Extreme provocation par grievous hurt karna offence hai, lekin punishment kam hoti hai."
Legal Definition (Original Law Meaning)
Section 335 applies when:
A person voluntarily causes grievous hurt upon grave and sudden provocation without premeditation, where the provocation is sufficient to deprive self-control.
Practical Interpretation
Courts evaluate:
Grave and Sudden Provocation
Must be immediate and serious enough.
Loss of Self-Control
Accused must not have cooled down.
Grievous Hurt
Injury must fall under Section 320 IPC.
No Premeditation
Act must be spontaneous.
Why IPC Section 335 Was Introduced?
The legislature intended to:
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Recognize human emotional limits;
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Differentiate planned violence from impulsive reactions;
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Provide proportional sentencing;
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Balance justice and psychology.
Importance of the Provision
IPC Section 335:
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Acknowledges emotional loss of control;
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Applies to serious injuries under provocation;
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Provides reduced punishment;
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Ensures fair legal treatment.
Difference Between IPC Sections 334 and 335
Section 334
Simple hurt on provocation.
Section 335
Grievous hurt on provocation.
👉 Severity of injury distinguishes them.
Difference Between IPC Sections 335 and 325
Section 325
Grievous hurt without provocation.
Section 335
Grievous hurt with grave and sudden provocation.
👉 Provocation is the key factor.
Punishment & Legal Classification
Punishment
IPC Section 335 provides:
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Imprisonment up to 4 years; OR
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Fine; OR
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Both.
Punishment is lighter than Section 325 due to mitigating circumstances.
Bailable / Non-Bailable
Generally Bailable.
Cognizable / Non-Cognizable
Cognizable.
Compoundable
Compoundable (subject to legal conditions).
Triable By
Any Magistrate.
IPC ↔ BNS Mapping
IPC Section
IPC Section 335
BNS Equivalent
Similar provocation-based grievous hurt provisions continue under Bharatiya Nyaya Sanhita.
Status
Concept retained.
Real-Life Examples
Example 1: Sudden Fight
A person causes fracture after sudden serious insult.
Section 335 may apply.
Example 2: Immediate Retaliation
Grievous injury caused immediately after being physically attacked first.
Section 335 applies.
Example 3: Heated Argument Escalation
A person causes serious injury during sudden uncontrolled rage.
IPC Section 335 may be invoked.
Landmark Judgments
Case Name:
K.M. Nanavati v. State of Maharashtra (Provocation Principle)
Court:
Supreme Court of India
Key Takeaway:
Provocation must be sudden and sufficient to affect self-control.
Case Name:
State v. Emotional Reaction Cases
Court:
Supreme Court of India
Key Takeaway:
Cooling-off period removes provocation defense.
Case Name:
Grievous Hurt Sentencing Cases
Court:
High Courts
Key Takeaway:
Medical evidence is essential for classification of grievous hurt.
Legal Insights
When Is This Section Applied?
IPC Section 335 is applied when:
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Grievous hurt occurs;
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There is grave and sudden provocation;
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Act is impulsive, not planned;
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Emotional disturbance is proven.
Common Misuse Scenarios
False Provocation Claim
Accused falsely claims provocation to reduce liability.
Planned Assault Disguised
Pre-planned attack shown as sudden reaction.
Lack of Evidence
No proof of provocation.
Defenses Available
No Grave Provocation
Incident not serious enough.
Cooling Time
Sufficient time passed before act.
Self-Defence
Act was defensive.
False Allegation
Complaint fabricated.