Section 133 BNS: Assault or Criminal Force with Intent to Dishonour Person
Section 133 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes assault or use of criminal force where the offender intends thereby to dishonour another person, provided the act is not committed on grave and sudden provocation given by that person.
What Section 133 BNS Provides
Section 133 applies where a person assaults or uses criminal force against another person with the intention of dishonouring that person, otherwise than on grave and sudden provocation given by that person.
The punishment is imprisonment of either description for a term which may extend to 2 years, or fine, or both.
Essential Ingredients of Section 133
- there must be an assault or use of criminal force;
- the act must be directed against another person;
- the accused must intend by that act to dishonour the person; and
- the case must be otherwise than on grave and sudden provocation given by that person.
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.
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.
What Does "Intent to Dishonour" Mean?
Section 133 requires an intention that the assault or criminal force should dishonour the person affected. Whether that intention existed is a matter to be determined from the conduct, surrounding circumstances and evidence in the particular case.
The provision should therefore be distinguished from the general punishment under Section 131 BNS, because Section 133 adds the specific mental element of an intention to dishonour.
Role of Grave and Sudden Provocation
Section 133 expressly applies where the assault or criminal force is committed otherwise than on grave and sudden provocation given by the person affected. The presence or absence of qualifying provocation depends on the circumstances and evidence of the case.
For the statutory rules dealing specifically with assault or criminal force on grave provocation, see Section 136 BNS.
Punishment under Section 133 BNS
| Offence | Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation. |
|---|---|
| Imprisonment | Imprisonment of either description for a term which may extend to 2 years. |
| Fine | The Court may impose fine. |
| 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 133 depends on the facts, evidence, intention attributed to the accused, procedural law and judicial interpretation relevant to the particular case.