BNS Section 131

BNS Section 131 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with punishment for assault or criminal force used against a person without 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
Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or 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 if the provocation is given by anything done in the lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

Key Points:
Definition of Offense:
This section pertains to individuals who assault or use criminal force against another person without grave and sudden provocation from that person.

Punishment:
The punishment for committing an assault or using criminal force under this section can include:
Imprisonment: A term that may extend to three months.
Fine: A monetary penalty that may extend to one thousand rupees.
Both: The offender may face both imprisonment and a fine.

Grave and Sudden Provocation:
Grave and sudden provocation refers to a situation where the victim's actions are so provoking that they might cause a reasonable person to react violently. However, this section stipulates that provocation does not excuse or lessen the punishment if:
The offender sought out or voluntarily provoked the provocation as an excuse for their actions.
The provocation arose from lawful actions taken by a public servant in the course of their duty.
The provocation was related to actions done in the lawful exercise of the right of private defense.

Question of Fact:
Whether provocation was indeed grave and sudden enough to mitigate the offense is determined on a case-by-case basis and is ultimately a question of fact for the courts to decide.

Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.