Punishment for assault or criminal force otherwise than on grave provocation
What this section does
Punishes assault or use of criminal force against a person where the act is not provoked by grave and sudden provocation from the victim. Two explanations clarify that provocation self-induced, provocation arising from lawful acts of public servants, or provocation from lawful exercise of private defence will not mitigate punishment, and whether provocation was grave and sudden is a question of fact.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 3 months, or fine up to ₹1,000, or both.
- Triable by
- Any Magistrate
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- Yes
Ingredients (what prosecution must prove)
- The accused assaulted or used criminal force against another person
- The act was not occasioned by grave and sudden provocation given by that person
- If provocation is claimed, it must not have been self-sought, nor arising from lawful acts of a public servant, nor from lawful exercise of private defence
Practitioner note
Whether provocation was grave and sudden is a question of fact (Explanation 2). Self-induced provocation or provocation from lawful public-servant acts does not mitigate punishment.
Derived from IPC s.352.
Read the official text
For the binding statutory text of BNS Section 131, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 131 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.