BNS Section 131 – Punishment for assault or criminal force otherwise than on grave provocation

IPC Section – 352

Non-cognizable
Punishable with imprisonment for three months, or
fine of one thousand rupees, or both
Note: Fine increased

Punishment for assault or criminal force otherwise than on grave provocation

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 one thousand rupees, 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 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 if the provocation is given by anything done in the lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

Assault or Criminal Force Without Grave Provocation

1. What is the Offence?

This law applies to individuals who assault or use criminal force against another person without grave and sudden provocation from that person.

2. Key Elements of the Offence

• Assault or Criminal Force:
  The act involves either:
  1. Assault: Making a gesture or preparation that causes fear of imminent harm.
  2. Criminal Force: Intentionally applying force without consent to cause injury, fear, or annoyance.
• Absence of Grave and Sudden Provocation:
  The offence occurs when there is no grave and sudden provocation from the victim.

3. Punishment

• Imprisonment: Up to 3 months, or
• Fine: Up to ₹1,000, 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. Grave and Sudden Provocation

• Definition:
  Grave and sudden provocation refers to actions by the victim that are so provoking that they might cause a reasonable person to react violently.
• Exceptions:
  Provocation does not excuse or lessen punishment if:
  1. The offender sought out or voluntarily provoked the situation.
  2. The provocation arose from lawful actions by a public servant performing their duty.
  3. The provocation was related to actions done in the lawful exercise of private defense.

6. Question of Fact

• Whether provocation was grave and sudden enough to mitigate the offence is determined on a case-by-case basis by the courts.

Summary of the Offence