Section 136 BNS: Assault or criminal force on grave provocation

Bharatiya Nyaya Sanhita, 2023

Section 136 BNS at a Glance

Section 136 BNS deals with assault or criminal force on grave provocation. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 358 IPC on 1 July 2024.

Punishment

Simple imprisonment for a term extending up to one month under both codes.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 358 →

Section 136 BNS Bare Act Text

136. 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 one thousand rupees, or with both.

Explanation

This section is subject to the same Explanation as section 131.

Source: Section 136, Bharatiya Nyaya Sanhita, 2023

Section 136 BNS in Simple Words

Section 136 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a very narrow situation. It applies when a person uses assault or criminal force against someone, and the act is done because of grave and sudden provocation given by that person. The law recognises that human reactions can be immediate when a serious provocation is offered, but it still treats the act as an offence.

The provocation must be grave, and the response must be linked to that provocation. In practice, this section is used where the accused does not act with a planned intention, but reacts sharply in the heat of the moment. It is not a blanket excuse.

The court will look at the facts closely, including what was said or done, how serious the provocation was, and whether the reaction was immediate. This provision matters because it often comes up in neighbourhood disputes, family quarrels, and sudden altercations. It helps courts distinguish between a premeditated attack and an impulsive reaction to serious provocation.

Ingredients of Section 136 BNS

  • 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

Punishment Under Section 136 BNS

Imprisonment

Simple imprisonment for a term extending up to one month under both codes.

Fine

Fine extending up to two hundred rupees under the Indian Penal Code, increased to one thousand rupees under Section 136 BNS.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Assault or criminal force committed on grave and sudden provocation carries simple imprisonment for up to one month, or fine of up to one thousand rupees, or both. The offence is non-cognizable, bailable, triable by any Magistrate, and compoundable without the permission of the court by the person assaulted.

Example of Section 136 BNS

At a crowded wholesale market in Indore, Mohan was peacefully attending to his merchandise when Dinesh approached without warning, shouted severe abusive insults at Mohan, and struck him across the face. Acting immediately in the heat of that sudden assault and grave provocation given by Dinesh, Mohan pushed Dinesh backwards and struck him once with his open hand. Mohan used criminal force in direct and immediate response to grave and sudden provocation given by Dinesh. Mohan committed an offence punishable under Section 136 BNS.

When Section 136 BNS Does Not Apply

  • No assault was committed and no criminal force was used against the person
  • The force was used without grave and sudden provocation, or the provocation was given by a third person rather than the person assaulted
  • The provocation was sought by the offender as an excuse, or was given by anything done in obedience to the law, by a public servant in the lawful exercise of his powers, or in the lawful exercise of the right of private defence

Section 136 BNS in the IPC (Previous Law)

Section 136 BNS replaces Section 358 IPC from the old criminal code.

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.

View IPC Section 358 →

FAQs on Section 136 BNS

What does grave provocation mean under Section 136 BNS?▼

It means provocation serious enough to upset a reasonable person and trigger an immediate reaction. Minor irritation, ordinary quarrels, or routine arguments usually do not qualify.

Can Section 136 BNS be used as a defence?▼

It can reduce the seriousness of the act in some situations, but it does not make the conduct lawful. The court still examines whether the force or assault was used and whether the provocation was truly grave and sudden.

Is Section 136 BNS a serious criminal offence?▼

No, it is treated as a minor offence under Section 136 BNS. The maximum punishment is simple imprisonment for up to one month, a fine up to Rs. 1,000, or both.

Under Section 136 BNS, can the case be settled between the parties?▼

Yes, it is compoundable. In many cases, the parties can settle the matter, subject to the legal procedure applicable at the time.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·