Section 131 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 131 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of assault or use of criminal force against a person without grave and sudden provocation. It outlines the punishment for such actions and specifies circumstances under which provocation does not mitigate the offense
📜 Text of Section 131
Section 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.(ipclaws.in)
Explanation 1: Grave and sudden provocation will not mitigate the punishment for an offense under this section if
(a) the provocation is sought or voluntarily provoked by the offender as an excuse for the offense;
(b) 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) the provocation is given by anything done in the lawful exercise of the right of private defense.(
Explanation 2: Whether the provocation was grave and sudden enough to mitigate the offense is a question of fact
⚖️ Comparison with Indian Penal Code (IPC)
Section 131 of the BNS, 2023, aligns closely with Section 352 of the Indian Penal Code (IPC), 1860, which deals with punishment for assault or criminal force otherwise than on grave provocation. Both provisions prescribe similar punishments and exceptions regarding provocation
📌 Key Elements
Offense: Assault or use of criminal force against another person.
Exclusion of Provocation: Grave and sudden provocation does not mitigate the offense under certain conditions, such as when the provocation is voluntarily provoked by the offender or arises from lawful actions.
Punishment: Imprisonment for up to three months, or a fine up to one thousand rupees, or both.
📌 Purpose and Protection
The primary aim of Section 131 is to deter individuals from committing assaults or using criminal force without justifiable provocation. By specifying circumstances under which provocation does not mitigate the offense, the law seeks to ensure that individuals are held accountable for their actions, thereby maintaining public order and safety.
🧾 Illustrative Example
If an individual intentionally slaps another person without any provocation, they would be charged under Section 131 of the BNS, 2023. Even if the person claims to have been provoked, the law specifies that certain types of provocation do not mitigate the offense, such as when the provocation was voluntarily provoked by the offender or arises from lawful actions.
In summary, Section 131 of the BNS, 2023, serves as a legal framework to address and penalize assaults or use of criminal force without grave and sudden provocation, ensuring that individuals are held accountable for their actions and that public order is maintained.
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