BNS Section 131: Punishment For Assault or Criminal Force Otherwise than on Grave Provocation

Definition of BNS Section 131

Section 131 of the BNS 2023 States:
Whoever assaults or uses criminal force to any person other 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 and Illustration of BNS Section 131

Section 131 emphasises the importance of maintaining public order and personal safety, ensuring that individuals who engage in violent behavior or the threat of violence, without adequate provocation, are held accountable under the law. It serves to deter unprovoked violence and protect individuals from unjust harm.

• Explanation 1: Grave and sudden provocation will not reduce the punishment for an offense under this section if:
  (a) the provocation was intentionally sought or voluntarily provoked by the offender as a pretext for committing the offense;
  (b) the provocation was a result of actions taken in accordance with the law or by a public servant in the lawful exercise of their authority;
  (c) the provocation occurred during the lawful exercise of the right to private defense.

• Explanation 2: The determination of whether the provocation was grave and sudden enough to lessen the offense is a matter of fact.

• Example: A person, without any prior provocation, physically pushes another person in a public place because they are annoyed by the person's presence. Since the action was not in response to any grave or sudden provocation from the victim, the aggressor could be punished under Section 131 with up to three months of imprisonment or a fine of up to ₹1,000, or both.

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