What is IPC Section 355?
IPC Section 355 sits in Chapter XVI of the Indian Penal Code, under the group of sections dealing with criminal force and assault. It is an aggravated form of simple assault or criminal force, distinguished by the specific intent behind the act — to dishonour the victim. This makes the offence, and the corresponding punishment, more serious than ordinary assault under Section 352, which carries a lesser maximum sentence.
The section deliberately excludes situations where the assault or force followed grave and sudden provocation from the victim — such provocation is treated as a mitigating factor recognised elsewhere in the Code (relevant, for instance, to how courts assess culpability more broadly), and the drafters carved it out of this specific, intent-based offence.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 355 IPC now corresponds to Section 133 of the BNS, which retains the same wording and punishment.
Legal Provision — Text of Section 355 IPC
This provision must be read together with Section 350 (definition of criminal force) and Section 351 (definition of assault), since Section 355 depends on those underlying definitions being satisfied, with the added, specific element of an intent to dishonour.
Punishment Under Section 355
| Punishment | Imprisonment of either description up to 2 years, or fine, or both |
|---|---|
| Nature of Offence | Non-cognizable — police generally require a Magistrate's order to investigate or arrest |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Compoundable by the person assaulted or to whom criminal force was used |
| Triable By | Any Magistrate |
Note that some states have made local amendments changing the classification of this offence — for instance, Andhra Pradesh has, by state amendment, specified the offence as non-cognizable, bailable, and triable by any Magistrate, consistent with the general position elsewhere.
Key Ingredients / Essential Elements
Assault or use of criminal force
The accused must have assaulted the victim or used criminal force against them, as defined under Sections 350–351 IPC.
Specific intent to dishonour
The core purpose of the act must be to dishonour or humiliate the victim — this distinguishes Section 355 from simple assault, which does not require this specific intent.
Absence of grave and sudden provocation
The act must not have been committed in response to grave and sudden provocation given by the victim — where such provocation exists, this section does not apply.
What Should You Do — For Victims and For the Accused
If You Were Assaulted to Be Dishonoured
- Identify and note down witnesses who saw the incident, particularly anyone who can speak to the humiliating context.
- Seek medical attention and documentation for any physical injury, even if minor.
- File a written complaint before the jurisdictional Magistrate, since the offence is non-cognizable.
- Consider whether you wish to pursue compounding (settlement) at a later stage, since the offence is compoundable with the court's permission.
If a Complaint Is Filed Against You
- Gather evidence if you believe you acted in response to grave and sudden provocation from the complainant, since this is a complete answer to a Section 355 charge.
- Being bailable, you are entitled to bail as a matter of right.
- Explore compounding (settlement) with the complainant, with the court's permission, where appropriate.
- Consult a criminal lawyer to assess whether the specific intent to dishonour is genuinely made out on the facts.
Complaint & Trial Process Under Section 355
Filing the Complaint
Being non-cognizable, the matter is generally initiated by a written complaint before a Magistrate.
Inquiry
The Magistrate examines whether the assault or force was accompanied by the specific intent to dishonour, and whether grave and sudden provocation existed.
Bail
Being bailable, the accused is entitled to bail as a matter of right.
Trial or Compounding
The matter can proceed to trial before the Magistrate, or be compounded (settled) between the parties with the court's permission.
Related Points on Section 355
Section 355 is typically applied alongside a fact-specific assessment of intent, since courts must distinguish the specific intent to dishonour from ordinary assault or hurt cases, and from cases genuinely triggered by grave and sudden provocation.
Focus on Insult, Not Injury
Courts examining Section 355 focus on whether the predominant purpose of the act was to insult or shame the victim, rather than to cause physical harm — even relatively minor physical contact, such as a push or a slap, can attract this section if that specific intent is established.