Comparison View

Exit Comparison View

Amendments are not highlighted in legislation amended before 2012. We are working on it.

30 Mar 1987

Formal Consolidation | 1985 RevEd

Punishment for using criminal force otherwise than on grave and sudden provocation

352. 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 for a term which may extend to 3 months, or with fine which may extend to $500, 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

Explanation—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

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

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

Informal Consolidation | Amended Act 51 of 2007

Punishment for using criminal force otherwise than on grave and sudden provocation

[51/2007 wef 01/02/2008]

Explanation 1.—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

Explanation—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

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

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

Comparison View

Search within Legislation