The Pakistan Penal Code, 1860

[1](XLV OF 1860)

[6^th October, 1860]

352. Punishment for assault or criminal force otherwise than on grave provocation. Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to [2][one thousand five hundred rupees], or with both.

Explanation. Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or

if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or

if the provocation is given by anything done in the lawful exercise of the right of private defence.

Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

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[1]. The Pakistan Penal Code has been declared in force in--

It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area. w.e.f. 1st June, 1951, see N.W.F.P Gazette, Ext., dated 1-6-1951.

It has been amended in its application to the N.W.F.P., see N.W.F.P Acts 3 of 1941 and 26 of 1950.

It has also been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, P. 1499.

It has also been extended by notification under Article 7(1)(a) of the N.W.F.P. (Enlargement of the Area and Alteration of Boundary) Order, 1952 (G. G. O. 1 of 1952), to the added area described in the First Schedule to that Order, w.e.f. 7th February, 1952, see N.W.F.P. Government Gazette, 1952, Pt. I, P. 70.

It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1963 (W.P. Act 6 of 1963), S. 2 (w.e.f. the 18th April, 1963).

It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1964 (W.P. Act 32 of 1964), S. 2 (w.e.f. 27-4-1964).

[2]. Sub. by Ordinance LXXXVI of 2002. [PLJ 2003 Fed. St. 75].