BNS Section 131 — Punishment for assault or criminal force otherwise than on grave provocation
CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY — Of criminal force and assault
Criminal
Summary
Whoever assaults someone or uses criminal force against them, without the other person having given grave and sudden provocation, can be punished with imprisonment of either kind for up to three months, or a fine of up to one thousand rupees, or both.
Explanation 1 states that grave and sudden provocation will not reduce the punishment for an offence under this section in three situations: (a) if the offender sought or deliberately provoked the provocation as an excuse for the offence; (b) if the provocation came from something done in obedience to the law, or by a public servant acting lawfully within their powers; or (c) if the provocation came from something done in the lawful exercise of the right of private defence.
Explanation 2 states that whether the provocation was grave and sudden enough to reduce the offence is a question of fact.
Official Text
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.
Related Provisions
assault
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
- SC (2025) Vol.9 p.283 — Supreme Court of India (2025)