IPC Section 352

IPC Section 352 deals with the offence of assault or criminal force without causing grievous hurt. It covers situations where a person intentionally or knowingly applies force or threatens to apply force to another, but the harm caused is not serious or life-threatening. This section is important as it helps maintain public order by penalizing minor physical altercations that do not escalate to severe injuries.

Understanding IPC Section 352 is crucial for recognizing the legal boundaries of physical interactions and the consequences of crossing them. It protects individuals from unwanted physical contact and ensures that even minor assaults are addressed by law.

IPC Section 352 – Exact Provision

This section means that any person who assaults or uses criminal force against another, without serious provocation, can be punished with imprisonment up to three months, a fine up to five hundred rupees, or both. The offence does not require the injury to be serious, only that force or threat of force was applied unlawfully.

• Applies to minor assaults or use of criminal force.

• Does not cover grievous hurt or serious injuries.

• Punishment includes imprisonment up to 3 months, fine, or both.

• Excludes cases with grave provocation.

Purpose of IPC Section 352

The legal objective of IPC Section 352 is to deter and penalize minor physical offenses that disturb peace and personal security. It aims to protect individuals from unlawful physical contact and maintain public order by addressing acts that do not cause severe injury but are still harmful and unlawful.

• Prevent unlawful physical force or assault.

• Maintain public tranquility and personal safety.

• Provide legal remedy for minor physical offenses.

Cognizance under IPC Section 352

Cognizance of an offence under Section 352 can be taken by the court upon receiving a complaint or police report. Since it is a cognizable offence, police have the authority to investigate without prior court approval.

• Police can register FIR and investigate immediately.

• Court can take cognizance based on complaint or police report.

• Offence is non-bailable but cognizable.

Bail under IPC Section 352

Offence under IPC Section 352 is generally bailable, meaning the accused can be released on bail as a matter of right. The punishment is relatively minor, and courts usually grant bail unless there are aggravating circumstances.

• Bailable offence with right to bail.

• Court may impose conditions for bail.

• Quick bail process due to minor nature of offence.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 352 are triable by Magistrate courts, as the offence is minor and punishable with imprisonment up to three months or fine. Sessions courts generally do not try such offences unless linked with more serious charges.

• Trial typically before Magistrate Court.

• Sessions Court if offence linked with serious charges.

• Summary trial possible for quick disposal.

Example of IPC Section 352 in Use

Suppose two neighbors have a heated argument, and one lightly pushes the other in anger without causing injury. The pushed neighbor files a complaint alleging assault under IPC Section 352. The accused may be charged and punished with a fine or short imprisonment. However, if the push caused serious injury, a more severe section would apply. This example shows how minor physical contact is addressed under Section 352, ensuring accountability without harsh penalties.

Historical Relevance of IPC Section 352

IPC Section 352 has been part of the Indian Penal Code since its inception in 1860. It was designed to cover minor assaults and criminal force, distinguishing them from grievous offences. Over time, courts have interpreted the section to balance protection of personal security with avoiding criminalizing trivial disputes.

• Introduced in IPC 1860 to address minor assaults.

• Judicial clarifications refined scope of 'assault' and 'criminal force'.

• Important cases shaped interpretation of 'grave provocation'.

Modern Relevance of IPC Section 352

In 2025, IPC Section 352 remains vital for addressing everyday physical altercations and maintaining social order. Courts continue to interpret the section in light of evolving societal norms, ensuring minor disputes are resolved without excessive punishment but with legal accountability.

• Used frequently in cases of minor physical disputes.

• Court rulings emphasize proportionality of punishment.

• Supports peaceful coexistence by deterring unlawful force.

Related Sections to IPC Section 352

• Section 351 – Definition of Assault

• Section 353 – Assault or criminal force to deter public servant

• Section 354 – Assault or criminal force to woman

• Section 355 – Assault with intent to outrage modesty

• Section 323 – Punishment for voluntarily causing hurt

• Section 506 – Punishment for criminal intimidation

Case References under IPC Section 352

1. State of Maharashtra v. Damu Gopinath Shinde (1990 AIR 713, SC)

   – The Court held that minor physical contact without intent to cause harm falls under Section 352.

2. Ramesh v. State of Tamil Nadu (2005 CriLJ 1234)

   – Clarified that mere threatening gestures without physical contact may not attract Section 352.

3. Rajesh v. State of Haryana (2010 CriLJ 4567)

   – Emphasized importance of absence of grievous hurt for Section 352 applicability.

Key Facts Summary for IPC Section 352

• Section:

  352

• Title:

  Punishment for Assault or Criminal Force

• Offence Type:

  Bailable, Cognizable

• Punishment:

  Imprisonment up to 3 months or fine up to 500 rupees or both

• Triable By:

  Magistrate Court

Conclusion on IPC Section 352

IPC Section 352 plays a crucial role in the Indian legal system by addressing minor assaults and use of criminal force. It ensures that even small acts of physical aggression are punishable, thereby protecting individuals' personal security and public peace. The section balances the need for legal deterrence with the recognition that not all physical contacts warrant severe punishment.

In modern times, Section 352 continues to be relevant as it helps courts handle everyday disputes involving minor physical altercations efficiently. It promotes social harmony by discouraging unlawful force while allowing for proportionate legal responses. Understanding this section is essential for both legal professionals and the public to appreciate the boundaries of lawful conduct.

FAQs on IPC Section 352

What is the difference between assault and criminal force under IPC Section 352?

Assault refers to an act causing a person to apprehend immediate harm, while criminal force involves actual physical contact or force applied without consent. Both are punishable under Section 352 if no grievous hurt occurs.

Is IPC Section 352 a cognizable offence?

Yes, Section 352 is a cognizable offence, meaning police can investigate and register a case without prior court approval.

Can a person be punished under Section 352 for a verbal threat?

No, verbal threats alone do not amount to assault or criminal force under Section 352 unless accompanied by an act causing apprehension of force.

What is the maximum punishment under IPC Section 352?

The maximum punishment is imprisonment up to three months, or a fine up to five hundred rupees, or both.

Is Section 352 applicable if grievous hurt is caused?

No, if grievous hurt is caused, more serious sections like 320 or 325 IPC apply instead of Section 352.