IPC 358 BNS Equivalent: New Section and What Changed

What Changed From IPC 358 to BNS 136?

Section 358 IPC is succeeded by Section 136 BNS. The maximum fine increases from two hundred rupees under the IPC to one thousand rupees under the BNS. The penalty of simple imprisonment extending up to one month and the statutory definition remain unchanged in substance, while the Explanation now references Section 131 BNS instead of Section 352 IPC.

IPC 358 vs BNS 136: Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	358	136
Offence	Assault or criminal force on grave provocation	Same
Punishment	Simple imprisonment for a term which may extend to one month, or fine, or both.	Simple imprisonment for a term extending up to one month under both codes.
Fine	Fine which may extend to two hundred rupees, alone or with imprisonment.	Fine extending up to two hundred rupees under the Indian Penal Code, increased to one thousand rupees under Section 136 BNS.
Bail	Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Compoundable	Same
Triable By	Any Magistrate	Same

IPC 358 and BNS 136: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 358, IPC 1860

358. Assault or criminal force on grave 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 two hundred rupees, or with both. Explanation.—The last section is subject to the same Explanation as section 352.

BNS 2023 (in force)

Section 136, BNS 2023

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 131.

Ingredients: IPC 358 vs BNS 136

Under IPC 358

The accused assaulted or used criminal force to another person
The act was committed upon grave and sudden provocation given by that very person
The provocation was not sought as an excuse, was not given by anything done in obedience to the law or by a public servant in the lawful exercise of his powers, and was not given in lawful exercise of private defence

Under BNS 136

Assaulting or using criminal force to any person on grave and sudden provocation given by that person
Application of the three statutory restrictions on provocation imported from Section 131 BNS
Punishment of simple imprisonment up to one month, or fine extending up to one thousand rupees, or both, under Section 136 BNS

What IPC 358 to BNS 136 Means for Pending Cases

For Section 358 IPC (now Section 136 BNS): under Section 136 BNS, the one-month term of simple imprisonment is kept and the maximum fine rises from two hundred to one thousand rupees. A charge for an act done after the BNS came into force cites Section 136 BNS.

FAQs: IPC 358 to BNS 136

What changed between Section 358 IPC and Section 136 BNS?▼

The maximum fine increases from two hundred rupees under Section 358 IPC to one thousand rupees under Section 136 BNS. The maximum term of simple imprisonment up to one month and the legal ingredients remain identical.

Where is Section 358 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 358 IPC is codified as Section 136 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of criminal force and assault.

Does Section 358 IPC or Section 136 BNS apply to an act done before 1 July 2024?▼

Section 358 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 358 IPC. Section 136 BNS governs acts done on or after 1 July 2024.

IPC 358 to BNS 136: Assault or criminal force on grave provocation

IPC 358 to BNS 136 at a Glance