Assault or criminal force on grave provocation
BNS section 136 pertains to the offense of assault or use of criminal force on a person who has given grave and sudden 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 129. Of Kidnapping, Abduction, Slavery and Forced Labour
Key Points
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Assault: Under BNS-136, "assault" refers to any action that intentionally creates a situation where the victim feels threatened with imminent harm due to sudden provocation.
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Criminal Force: This involves using physical force against another person with the intention of causing harm, intimidation, or illegal restraint. The force must be applied in response to grave provocation by the victim.
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Grave and Sudden Provocation: This refers to an immediate emotional reaction provoked by the victim, where the perpetrator loses self-control. The provocation must be serious and unexpected enough to trigger an impulsive response from a reasonable person.
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Punishment: The person convicted of this offense may face simple imprisonment for up to one month, a fine up to ?1,000, or both. The punishment reflects the less severe nature of the crime due to the influence of provocation.
Offence : Assault or use of criminal force on grave and sudden provocation.
Punishment : Simple imprisonment for one month, or fine of1,000 rupees, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Any Magistrate.
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.
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