IPC 352→BNS 131

IPC 352 to BNS 131: Punishment for assault or criminal force otherwise than on grave provocation

Section 352 IPC (1860) replaced by Section 131 BNS (2023)

View IPC Section 352 →View BNS Section 131 →

IPC 352 to BNS 131 at a Glance

Section 352 IPC (Punishment for assault or criminal force otherwise than on grave provocation) is now Section 131 BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 352 to BNS 131?

Section 352 IPC is succeeded by Section 131 BNS. The imprisonment term remains up to three months, while the maximum fine is increased from five hundred rupees to one thousand rupees. The IPC Explanation is split into Explanation 1, with its three provisos structured as clauses a to c, and Explanation 2 covering the question of fact.

IPC 352 vs BNS 131: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section352131
OffencePunishment for assault or criminal force otherwise than on grave provocationSame
PunishmentImprisonment of either description for a term which may extend to three months, or fine, or both.Imprisonment of either description for a term up to three months under both codes.
FineFine which may extend to five hundred rupees, alone or with imprisonment.Fine up to five hundred rupees under the Indian Penal Code, raised to one thousand rupees under Section 131 BNS.
BailBailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByAny MagistrateSame

IPC 352 and BNS 131: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 352, IPC 1860

352. Punishment for assault or criminal force otherwise than on 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 five hundred 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.
BNS 2023 (in force)

Section 131, BNS 2023

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.

Ingredients: IPC 352 vs BNS 131

Under IPC 352
  1. The accused committed an assault or used criminal force to another person
  2. The act was committed otherwise than on grave and sudden provocation given by that person
  3. The provocation will not mitigate punishment if it was sought or voluntarily provoked by the offender as an excuse, or if it arose from anything done in obedience to law, by a public servant in lawful exercise of power, or in lawful private defence
Under BNS 131
  1. Assaulting or using criminal force to any person otherwise than on grave and sudden provocation given by that person
  2. Punishment of imprisonment up to three months, or fine up to one thousand rupees, or both under Section 131 BNS

What IPC 352 to BNS 131 Means for Pending Cases

For Section 352 IPC (now Section 131 BNS): under Section 131 BNS, the offence of assault or using criminal force without grave and sudden provocation carries the same imprisonment of up to three months, but the maximum fine is raised to one thousand rupees. A charge for an act done after the BNS came into force cites Section 131 BNS.

FAQs: IPC 352 to BNS 131

What changed from Section 352 IPC to Section 131 BNS?▼

The maximum fine increases from five hundred rupees to one thousand rupees. The imprisonment term of up to three months is unchanged, and the single Explanation is divided into Explanation 1 with clauses a to c and Explanation 2.

Where is Section 352 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 352 IPC is codified as Section 131 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of criminal force and assault.

Does Section 352 IPC or Section 131 BNS apply to an act done before 1 July 2024?▼

Section 352 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 352 IPC. Section 131 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·