Section 131 BNS: Punishment for assault or criminal force otherwise than on grave provocation
Bharatiya Nyaya Sanhita, 2023
Section 131 BNS at a Glance
Section 131 BNS deals with punishment for assault or criminal force otherwise than on grave provocation. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 352 IPC on 1 July 2024.
Imprisonment of either description for a term up to three months under both codes.
Section 131 BNS Bare Act Text
131. 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 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.
Source: Section 131, Bharatiya Nyaya Sanhita, 2023
Section 131 BNS in Simple Words
Section 131 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with assault or use of criminal force when there is no grave and sudden provocation. In simple terms, if a person intentionally uses force against another, or makes a threatening gesture that amounts to assault, the law can punish that conduct even when it does not cause serious injury. The focus is on the act and the intention behind it. This section applies in everyday disputes, public quarrels, workplace altercations, and similar situations where one person physically confronts another without lawful excuse.
It is often used when the act is offensive, deliberate, and meant to intimidate, annoy, or hurt the victim. Its practical significance is that even without major injury, a person can face criminal liability for unlawful physical aggression. In court, the prosecution must show that the act was voluntary and not protected by a valid legal defence.
Ingredients of Section 131 BNS
- Assaulting or using criminal force to any person otherwise than on grave and sudden provocation given by that person
- Punishment of imprisonment up to three months, or fine up to one thousand rupees, or both under Section 131 BNS
Punishment Under Section 131 BNS
Imprisonment of either description for a term up to three months under both codes.
Fine up to five hundred rupees under the Indian Penal Code, raised to one thousand rupees under Section 131 BNS.
Assault or criminal force without grave and sudden provocation carries imprisonment of either description for up to three months, or fine of up to one thousand rupees, or both. The offence is non-cognizable, bailable, triable by any Magistrate, and compoundable without permission of the court by the person assaulted or to whom force was used.
Example of Section 131 BNS
When Section 131 BNS Does Not Apply
- No assault was committed and no criminal force was used against the person
- The assault or criminal force was committed on grave and sudden provocation given by that person, which falls under Section 136 BNS instead
Section 131 BNS in the IPC (Previous Law)
Section 131 BNS replaces Section 352 IPC from the old criminal code.
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.
View IPC Section 352 →FAQs on Section 131 BNS
What is the difference between assault and criminal force under Section 131 BNS?▼
Assault is the act that creates the apprehension of immediate use of force. Criminal force means actual use of force without consent, intending to cause injury, fear, or annoyance. Both can attract liability under this provision if the legal ingredients are met.
Under Section 131 BNS, is a physical injury necessary for punishment?▼
No, actual injury is not always necessary. Even a threatening act or unlawful physical contact may be enough if it amounts to assault or criminal force. The court looks at the nature of the act and the surrounding facts.
Can the offence under Section 131 BNS be settled between the parties?▼
Yes, it is compoundable, which means the parties can compromise subject to legal procedure. In practice, this often happens in minor quarrels or neighbourhood disputes. Still, the court must be satisfied that the compromise is lawful and voluntary.
Why is grave and sudden provocation relevant under Section 131 BNS?▼
If the accused acted under grave and sudden provocation, the case may fall outside this section or be treated differently depending on the facts. The law recognises that human reaction may be less blameworthy in such situations. But the provocation must be real, serious, and immediate.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·