Bharatiya Nyaya Sanhita, 2023

BNS Section 131

Punishment for assault or criminal force otherwise than on grave provocation

In one line

BNS Section 131 deals with punishment for assault or criminal force otherwise than on grave provocation and replaces IPC 352.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
131Assault or criminal force otherwise than on grave provocation.Imprisonment for 3 months, or fine of 1,000 rupees, or both.Non-cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 131

131. 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 1.—Grave and sudden provocation will not mitigate the punishment for an offence under this section,— (a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or (b) 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 (c) if the provocation is given by anything done in the lawful exercise of the right of private defence. Explanation 2.—Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

What changed from the IPC

  • IPC 352 → BNS 131: Fine is increased from five hundred to one thousand rupees.

Frequently asked

What was BNS Section 131 in the IPC?

BNS Section 131 (Punishment for assault or criminal force otherwise than on grave provocation) replaces Section 352 of the Indian Penal Code, 1860. IPC 352 is now BNS 131.

What is the punishment under BNS 131?

Assault or criminal force otherwise than on grave provocation – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

Is BNS 131 bailable?

Bailable: BNS 131. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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