Assault or criminal force on grave provocation
What this section does
Provides a lesser punishment for assault or use of criminal force where the act is committed on grave and sudden provocation given by the victim. The same explanations applicable to section 131 apply here.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Simple imprisonment up to 1 month, 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 occasioned by grave and sudden provocation given by that person
- The provocation must satisfy the conditions set out in the Explanation (same as section 131)
Practitioner note
This section is expressly subject to the same Explanation as section 131, meaning self-induced or provocation from lawful acts of public servants or private defence does not qualify.
Derived from IPC s.358.
Read the official text
For the binding statutory text of BNS Section 136, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 136 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.