What is a 352 in court?

Asked by: Gerald Muller  |  Last update: February 21, 2026
Score: 4.7/5 (21 votes)

In U.S. courts, especially California, Evidence Code § 352 gives judges discretion to exclude evidence if its value is outweighed by risks like undue prejudice, confusing the jury, or wasting time; it's a key tool for fairness, preventing inflammatory or cumulative evidence from swaying decisions, and also appears in other contexts like criminal threats (AB 352) or pupil rights (Cal. Code Regs).

What does 352 mean in court?

352. The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.

What is the purpose of section 352?

Understanding Evidence Code Section 352

This powerful legal tool gives courts the discretion to exclude evidence that may be hurtful to your defense if its probative value is substantially outweighed by the probability that its admission would create unfair prejudice or mislead the jury.

What is the meaning of Section 352?

Section 352. Punishment for assault or criminal force otherwise than on grave provocation.

What is evidence code 352?

Evidence code § 352. Evidence Code section 352 provides a statutory basis to exclude prejudicial evidence. Evidence Code section 352 is used to exclude relevant evidence that would otherwise be admissible but is too prejudicial or too time-consuming to be presented at trial.

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29 related questions found

What is a 352 objection in court?

Section 352 provides that “the court, in its discretion, may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.” ...

Who is subject to Section 352?

Section 352 of the PATRIOT Act required all financial institutions, as defined by the Bank Secrecy Act, to establish an anti-money laundering program within six months of the passage of the PATRIOT Act.

What is Section 352 of the Criminal Code?

The Criminal Code

Section 352: Any person who assaults another with intent to have carnal knowledge of him or her against the order of nature is guilty of a felony and is liable to imprisonment for fourteen years.

Is IPC 325 bailable or not?

Nature of offences under IPC Section 325:

It is also a compoundable offence with the approval given from the court, which means that a fine or, imprisonment or even Both are given as a punishment. The offence is a bailable offence. However, a criminal lawyer who can help get the bail without difficulty must be hired.

Is section 352 bailable or non-bailable?

Under the Code of Criminal Procedure, offences have been classified as 'bailable' and 'non-bailable' offences. In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence the police do not grant bail.

What are some examples of 352 IPC offenses?

For example, hitting someone lightly, or pushing them without consent, constitutes an offense under IPC 352. This ensures that even minor violations of personal security are legally addressed.

What is the Article 352 of the Revised Penal Code RPC?

Article 352 of the RPC, as amended, penalizes an authorized solemnizing officer who shall perform or authorize any illegal marriage ceremony.

What is the most common punishment for assault?

The most common punishment for simple (misdemeanor) assault often involves probation, fines, community service, or short jail time (up to a year), especially for first-time offenders, while more severe forms like aggravated assault (using a weapon, serious injury) lead to felony charges with much longer prison sentences. Penalties vary greatly by jurisdiction, but generally, lesser assaults get probation/jail (months to a year), while aggravated assaults result in felonies and prison (years). 

What are the three types of objections in court?

List of objections

  • Ambiguous, confusing, misleading, vague, unintelligible: the question is not clear and precise enough for the witness to properly answer.
  • Arguing the law: counsel is instructing the jury on the law.
  • Argumentative: the question makes an argument rather than asking a question.

What is the number 352?

The 352 area code covers north-central Florida, including the cities of Gainesville, Ocala, and Inverness. The area code is home to the University of Florida, one of the largest universities in the United States.

What kind of evidence is used in assault cases?

Physical and Forensic Evidence

This includes the weapon allegedly used in the assault, any blood-stained clothing, or damage to property at the crime scene. Photographs, forensic testing, and documented injuries can all support the charges. However, physical evidence must be properly collected, preserved, and analyzed.

What is the difference between assault and harassment?

Assault is a criminal offense involving a physical threat or action, while harassment, often a civil wrong, pertains to a pattern of unwanted behaviors that could be sexual, verbal, or emotional in nature.

What is Section 352 of the CrPC?

Section 352 of CrPC : Section 352: Certain Judges and Magistrates not to try certain offences when committed before themselves. Section 352: Certain Judges and Magistrates not to try certain offences when committed before themselves.

What is the punishment for IPC 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 of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Is cheating bailable or not?

The offence is cognizable and falls under the category of Non Bailable in IPC for cheating under section 420. It is triable by Magistrate of the First Class and therefore FIR or Application u/s 156(3) or Private Complaint u/s 200 may be preferred.

What actions constitute IPC 325?

Section 325 of the IPC addresses the offence of voluntarily causing grievous harm. According to the IPC, grievous hurt is defined under Section 320, including various severe injuries like emasculation, permanent privation of sight or hearing, disfigurement, fracture, or dislocation of bones, among others.

Is Section 352 BNS bailable or non bailable?

Yes, but it is a bailable offense, meaning you can seek bail immediately after arrest. It is also a non-cognizable offense, meaning police cannot arrest without permission from the Magistrate.

What is Section 352 of the Patriot Act?

Section 352 of the USA PATRIOT Act requires financial institutions to establish AML programs that, at a minimum, include: (1) The development of internal policies, procedures, and controls; (2) the designation of a compliance officer; (3) an ongoing employee training program; and (4) an independent audit function to ...

What is the meaning of misbranding?

Misbranding is accidentally or intentionally labeling a product with incorrect information. The error can be innocuous, but it can also cause injury. If you have been harmed by a product due to misbranding, a misbranding product lawyer can potentially help you get compensation for your losses.