BNS Section 131- Punishment for assault or criminal force otherwise than on grave provocation | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 131 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
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,—
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.
Explanation 2.—Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
Procedural Details
Punishment
Imprisonment up to Three Month(s) + Fine
Nature of Offense
Non-cognizable
Bail Eligibility
Bailable
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Any Magistrate
Frequently Asked Questions about BNS Section 131
What is Section 131 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: 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,—
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.
Explanation 2.—Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
What is the punishment under BNS Section131 ?
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Three Month(s) + Fine
Is BNS Section 131 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Bailableoffense.
Is BNS Section 131 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isNon-cognizable.
Which court has the jurisdiction to try cases under BNS Section 131 ?
Cases pertaining to this specific BNS section are triable by the Any Magistrate.
Can BNS Section 131 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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