Assault or criminal force on grave provocation
Section 358 of the Indian Penal Code, 1860 deals with assault or criminal force on grave provocation. Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
Explanation.-The last section is subject to the same explanation as section 352.
Of kidnapping, abduction, slavery and forced labour
Section 358, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 136 Assault or criminal force on grave provocation Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jitendra& ORS. vs State
Court's Decision & Legal Precedent
When investigation and recovery in a criminal case are complete and the accused is in judicial custody, bail may be granted under Section 439 Criminal Procedure Code if, after considering all facts and circumstances, the court finds it to be a fit case, subject to appropriate conditions including personal bonds, sureties, and mandatory court appearances to ensure the accused's presence during trial proceedings.
On this section: Causing disappearance of evidence of offence - one of the charges against the accused applicants
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 358
What have the courts held on Section 358 of the Indian Penal Code?
Jitendra& ORS. vs State (28 Jul 2015) is the leading judgment on this section among those set out below: Causing disappearance of evidence of offence - one of the charges against the accused applicants.
How do I find court cases under Section 358 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 358, section 358 IPC, section 358 of the Indian Penal Code. People searching for it also type ipc 358 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jitendra& ORS. vs State (28 Jul 2015).
What should I read with Section 358 of the Indian Penal Code, and has it changed?
Its own text turns on section 352 (Punishment for assault or criminal force otherwise than on grave provocation), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNS 136 (Assault or criminal force on grave provocation), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 358 of the Indian Penal Code come into force?
Section 358 of the Indian Penal Code, cited as IPC 358, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.