Section 131 BNS: Punishment for Assault or Criminal Force Otherwise Than on Grave Provocation
Section 131 of the Bharatiya Nyaya Sanhita, 2023 (BNS) prescribes punishment where a person assaults or uses criminal force against another person otherwise than on grave and sudden provocation given by that person. It also sets out situations in which provocation cannot reduce the punishment.
What Section 131 BNS Provides
Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person may be punished with imprisonment of either description for a term extending up to 3 months, or fine up to Rs. 1,000, or both.
Meaning of Assault and Criminal Force
Section 130 BNS defines assault as a gesture or preparation made with the required intention or knowledge that causes a person present to apprehend that criminal force is about to be used against that person.
Section 129 BNS defines criminal force as intentional use of force without consent for committing an offence, or with the specified intention or knowledge concerning injury, fear or annoyance.
Essential Ingredients of Section 131
- there must be an assault or use of criminal force;
- the act must be against another person;
- the case must not fall within grave and sudden provocation given by that person, unless such provocation is legally unavailable under Explanation 1; and
- where provocation is relied upon, whether it was sufficiently grave and sudden is a question of fact.
When Grave and Sudden Provocation Will Not Mitigate Punishment
- Provocation deliberately sought: where the offender sought or voluntarily provoked the provocation as an excuse for the offence.
- Lawful official action: where the provocation arose from something done in obedience to law, or by a public servant in the lawful exercise of official powers.
- Private defence: where the provocation arose from something done in the lawful exercise of the right of private defence.
Whether Provocation Was Grave and Sudden Is a Question of Fact
Explanation 2 expressly provides that whether the provocation was grave and sudden enough to mitigate the offence is a question of fact. Its application therefore depends on the circumstances and evidence of the particular case.
Punishment under Section 131 BNS
| Offence | Assault or criminal force otherwise than on grave and sudden provocation given by the person affected. |
|---|---|
| Imprisonment | Imprisonment of either description up to 3 months. |
| Fine | Fine up to Rs. 1,000. |
| Alternative | Imprisonment, fine, or both. |
Related BNS Provisions
- Section 131 - Punishment for assault or criminal force otherwise than on grave provocation
- Section 132 - Assault or criminal force to deter public servant from discharge of duty
- Section 133 - Assault or criminal force with intent to dishonour person
- Section 134 - Assault or criminal force in attempt to commit theft of property carried by a person
- Section 135 - Assault or criminal force in attempt to wrongfully confine a person
- Section 136 - Assault or criminal force on grave provocation
- Section 137 - Kidnapping
- Section 138 - Abduction
- Section 139 - Kidnapping or maiming a child for purposes of begging
- Section 140 - Kidnapping or abducting in order to murder or for ransom, etc.
Official Legal Sources
This page provides general legal information. The application of Section 131 depends on the facts, evidence, surrounding circumstances, procedural law and judicial interpretation relevant to the particular case.