BNS Section 133 – Assault or criminal force with intent to dishonor person, otherwise than on grave provocation

IPC Section – 355

Non-cognizable
punishable with imprisonment for two years, or fine, or
both

Whoever assaults or uses criminal force to any person, intending thereby to dishonour that 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 two years, or with fine, or with both.

Assault or Criminal Force with Intent to Dishonor

1. What is the Offence?

This law criminalizes the act of assaulting or using criminal force against another person with the intent to dishonor or humiliate them.

• The assault must occur without grave and sudden provocation from the victim.

2. Key Elements of the Offence

• Intent to Dishonor:
  The perpetrator must have the specific intent to bring dishonor or humiliation to the victim. This distinguishes the offence from general assault.
• Absence of Grave and Sudden Provocation:
  If the victim has given grave and sudden provocation, the offender may not be held liable under this section.
• Criminal Force:
  This includes any intentional use of force without consent, which may cause injury, fear, or annoyance to the victim. It covers both physical attacks and acts that are offensive or humiliating.

3. Punishment

• Imprisonment: Up to 2 years, or
• Fine: A monetary penalty may be imposed, or
• Both imprisonment and fine.

4. Type of Offence

• Non-cognizable: Police cannot arrest without a warrant.
• Bailable: The accused can claim bail as a right.
• Court: The case will be tried by any Magistrate.

5. Purpose of the Law

• The law aims to protect individuals from acts of assault or force intended to dishonor or humiliate them.
• It emphasizes the importance of personal dignity and the right to be free from humiliation or offensive acts.

Summary of the Offence