Section 136 BNS: Assault or Criminal Force on Grave and Sudden Provocation

Section 136 of the Bharatiya Nyaya Sanhita, 2023 (BNS) provides a reduced punishment where a person assaults or uses criminal force against another person on grave and sudden provocation given by that person. The statutory benefit is limited by the same explanation that applies to Section 131.

The Bharatiya Nyaya Sanhita, 2023 is Act 45 of 2023. Its provisions, apart from the separately notified exception concerning Section 106(2), came into force on July 1, 2024.

Text of Section 136 of the Bharatiya Nyaya Sanhita, 2023

Section 136 - Assault or criminal force on grave provocation.

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 131.

Section 136 BNS at a glance

Law	Bharatiya Nyaya Sanhita, 2023
Section	136
Conduct covered	Assault or use of criminal force on grave and sudden provocation given by the person assaulted
Maximum imprisonment	Simple imprisonment for up to one month
Maximum fine	Up to Rs. 1,000
Alternative punishment	Simple imprisonment, fine, or both

Essential ingredients of Section 136 BNS

For Section 136 to apply, the facts should establish the following elements:

The accused assaulted a person or used criminal force against that person.
The person assaulted gave the provocation.
The provocation was both grave and sudden.
The assault or criminal force was committed on that grave and sudden provocation.
The case does not fall within any of the statutory limitations incorporated from Section 131.

Meaning of assault under Section 130 BNS

Under Section 130 BNS, assault generally consists of a gesture or preparation made with the intention or knowledge that it is likely to cause a person present to apprehend that criminal force is about to be used against that person.

Mere words do not by themselves amount to assault, although words can give a gesture or preparation a meaning that makes the conduct amount to assault.

Meaning of criminal force under Section 129 BNS

Section 129 BNS deals with criminal force. In substance, it involves intentional use of force against a person without that person's consent for committing an offence, or with the intention or knowledge that the force is likely to cause injury, fear or annoyance.

What does grave and sudden provocation mean for Section 136?

Section 136 does not contain a separate definition of "grave and sudden provocation." Instead, its Explanation expressly makes the section subject to the same Explanation as Section 131 BNS.

Accordingly, grave and sudden provocation does not mitigate punishment in the following situations:

The provocation was sought or voluntarily provoked by the offender as an excuse for the offence.
The provocation was caused by something done in obedience to law, or by a public servant acting in the lawful exercise of that public servant's powers.
The provocation arose from something done in the lawful exercise of the right of private defence.

Section 131 further states that whether the provocation was grave and sudden enough to mitigate the offence is a question of fact. Because Section 136 adopts the same Explanation, that factual assessment is central when Section 136 is invoked.

Difference between Sections 131 and 136 BNS

Section 131 BNS deals with assault or criminal force committed otherwise than on grave and sudden provocation. Section 136 deals specifically with assault or criminal force committed on grave and sudden provocation given by the person assaulted, subject to the statutory limitations described above.

Punishment under Section 136 BNS

The maximum punishment under Section 136 is simple imprisonment for a term extending up to one month, or a fine extending up to Rs. 1,000, or both.

Legal note: Whether the facts amount to grave and sudden provocation is fact-specific. The nature of the alleged provocation, the conduct of the parties, the timing of the response, and the statutory exclusions incorporated from Section 131 may all be relevant.

Related BNS provisions

Official legal sources

For authoritative statutory material, refer to India Code and the Ministry of Home Affairs portal for the new criminal laws.