BNS Section 136 – Assault or criminal force on grave provocation

IPC Section – 358

Non-Cognizable
punishable with simple imprisonment for one month,
or fine of one thousand rupees, or both.
Note: Fine increased

Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

Explanation
This section is subject to the same Explanation as section 129. Of Kidnapping, Abduction, Slavery and Forced Labour

Assault or Use of Criminal Force on Grave and Sudden Provocation

1. What is the Offence?

This law addresses situations where a person uses assault or criminal force against another person in response to grave and sudden provocation by the victim.

• The provocation must be serious and unexpected, causing the perpetrator to lose self-control and act impulsively.

2. Key Elements of the Offence

• Assault:
  Any action that intentionally creates a situation where the victim feels threatened with imminent harm due to sudden provocation.
• Criminal Force:
  The use of physical force against another person with the intent to cause harm, intimidation, or illegal restraint.
• Grave and Sudden Provocation:
  The provocation must be serious and immediate, causing a reasonable person to lose self-control and react impulsively.

3. Punishment

• Simple Imprisonment: Up to 1 month, 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. Purpose of the Law

• The law recognizes that grave and sudden provocation can lead to impulsive actions and provides a less severe punishment in such cases.
• It balances the need for accountability with an understanding of human frailty in moments of extreme emotional stress.

Summary of the Offence