BNS Section 136 : Assault Or Criminal Force on Grave Provocation

Definition of BNS Section 136

Section 136 of the BNS 2023 States:
Whoever assaults or uses criminal force on 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. Of kidnapping, abduction, slavery and forced labour

Explanation and Illustration of BNS Section 136

Section 136 of the Bharatiya Nyaya Sanhita, 2023, deals with the situation where a person commits an assault or uses criminal force against another person due to grave and sudden provocation from the victim. This provision recognises human impulsiveness in the face of unexpected provocation but does not excuse the resultant violent behavior.
Accordingly, it provides that such acts should be punished with simple imprisonment up to one month, or with a fine of up to ₹1000, or with both.

Illustration:
Suppose Person A hears a deeply offensive and quite unexpected insult from Person B and immediately pushes B away forcefully. In this scenario, the direct action by A in reaction to the grave and sudden provocation caused by the insult given by B will make it less justifiable even though the provocation might mitigate it. But Section 136 BNS allows A to commit criminal force; nevertheless, a lighter sentence might apply under these circumstances.

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