Introduction of Section 133 BNS
BNS 133 criminalizes acts of assault or use of criminal force committed with the intention of dishonoring another person. Unlike ordinary assaults, this provision focuses on the motive of humiliation rather than physical harm. It applies only when there is no grave or sudden provocation from the victim, ensuring fairness. Punishment can extend up to two years imprisonment, a fine, or both, making it an important safeguard of personal dignity and social respect.
The Bharatiya Nyaya Sanhita (BNS) Section 133 replaces the old Indian Penal Code (IPC)Â Section 355.
What is section 133 of BNS ?
BNS Section 133 covers situations where a person assaults or uses criminal force on another with the intent to dishonor or humiliate them, but not as a result of sudden or grave provocation. The punishment can include imprisonment for up to two years, a fine, or both.
Section 133 Bharatiya Nyaya Sanhita
Whoever assaults or uses criminal force to any person, intending thereby to dishonor that 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 two years, or with fine, or with both.
This section punishes people who assault or use force on another person just to humiliate or dishonor them.
- If you slap, push, or physically insult someone in public or private with the intent to degrade them, it counts as assault with intent to dishonor.
- The law applies only when there is no grave and sudden provocation. If the victim provoked the attack seriously and immediately, then this section does not apply.
- Punishment can be up to 2 years imprisonment, a fine, or both.
Key Elements of Section 133
- Intent to Dishonor → The offender’s main purpose must be to humiliate or degrade the victim.
- Assault or Criminal Force → Includes actions like slapping, grabbing collars, pushing, or using force without causing serious injury.
- No Provocation → The victim must not have caused grave or sudden provocation. Otherwise, the offense may fall under another section.
- Punishment → Up to 2 years jail, or fine, or both.
- Bailable → The accused can apply for bail easily.
- Non-Cognizable → Police cannot arrest without a warrant.
- Compoundable → Both parties can settle the case out of court with the magistrate’s approval.
- Trial by Magistrate → Any Magistrate can try the case.
Examples to Understand Section 133
Example 1 (Public Slap):
A person slaps another during a wedding in front of many guests just to shame them.
Section 133 applies → Assault with intent to dishonor → Punishable with up to 2 years or fine.
Example 2 (Collar Grab):
During an argument, someone grabs another person’s collar and pushes them to insult them in public.
Section 133 applies → Use of criminal force to dishonor.
Why Section 133 is Important
- Protects human dignity by criminalizing acts of humiliation through force.
- Prevents misuse of physical power to degrade others in society.
- Distinguishes between assaults due to provocation vs. assaults meant to humiliate.
- Provides flexibility (bailable and compoundable) for less serious cases.
Section 133 BNS Overview
BNS Section 133 deals with assault or the use of criminal force with the intent to dishonor a person without any grave provocation from the victim. It focuses on actions where the offender intends to insult or humiliate someone. This section outlines punishments, including imprisonment and fines.
BNS Section 133 in 10 Key Points
- Intention to Dishonor:
The focus of this section is on the intention behind the assault. If the assault or use of force was done to insult or degrade the victim, this section applies. - Assault or Criminal Force:
The offender may use either direct assault or any form of criminal force, such as physical pushing or grabbing, to disrespect the victim. - No Serious Provocation Needed:
The offense must have occurred without any significant or sudden provocation from the victim. This ensures that the offender’s actions were not a response to a provocative situation. - Imprisonment:
The offender can be imprisoned for up to two years if found guilty of using criminal force or assault with the intent to dishonor someone. - Fine:
Apart from imprisonment, the offender can also be fined. The amount of the fine depends on the court’s discretion and the severity of the case. - Bailable Offense:
Since it is a bailable offense, the accused can secure bail and remain free while the case is under trial. This ensures that minor offenders do not have to stay in jail while awaiting court proceedings. - Non-Cognizable Offense:
Police cannot arrest the offender without a warrant because it is non-cognizable. The victim must file a complaint in court, and the court may issue a warrant for arrest. - Tried by a Magistrate:
The trial for cases under this section is conducted by any Magistrate. This makes it a relatively straightforward offense, handled at lower levels of the judicial system. - Compoundable Nature:
This offense allows for a settlement between the parties involved. If both sides agree, they can settle the dispute outside the courtroom, and the case can be closed. - Focus on Dignity:
The purpose of this section is to protect individuals from being insulted or degraded through physical means. It ensures that people are held accountable for dishonoring others, even if no serious physical harm is done.
Examples of BNS Section 133
- Example 1:
A person slaps another in public with the intent of humiliating them in front of others. The act is not provoked by the victim, and the offender’s primary goal is to degrade the person in public. - Example 2:
During an argument, someone grabs a person’s collar and pushes them, intending to insult and dishonor them. The victim did not provoke the offender, but the offender used force to show disrespect.
BNS 133 Punishment
- Imprisonment:
The offender can be sentenced to imprisonment for up to two years for the act of dishonoring someone using force or assault. - Fine:
In addition to or instead of imprisonment, the offender can be required to pay a fine. The law also allows for both imprisonment and a fine, depending on the severity of the offense.
BNS 133 bailable or not ?
BNS Section 133 is bailable, meaning that the accused can obtain bail and avoid staying in custody during the trial process.
Comparison – BNS Section 133 vs IPC Section 355
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 133 | Assault or use of criminal force to dishonor or humiliate another person, without grave and sudden provocation by that person. | Imprisonment up to 2 years, or fine, or both. | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 355 (Old) | Assault or criminal force used with intent to dishonor a person, not on grave or sudden provocation given by that person. | Imprisonment up to 2 years, or fine, or both. | Bailable | Non-Cognizable | Any Magistrate |
BNS Section 133 FAQs
What does BNS Section 133 cover?
It covers cases where someone assaults or uses criminal force with the intent to dishonor another person.
What is the punishment under Section 133?
The punishment can be imprisonment for up to two years, a fine, or both.
Is the offense bailable?
Yes, the offense under Section 133 is bailable.
Can the police arrest without a warrant for this bns 133 offense?
No, since it’s a non-cognizable offense, police need a warrant to arrest the accused.
Who conducts the trial for cases under Section 133?
The trial can be conducted by any Magistrate, making it a relatively lower-level offense in terms of court jurisdiction.
Conclusion
BNS Section 133 plays an important role in protecting dignity and personal honor by punishing those who use physical force to humiliate others. While the offense is relatively less serious (bailable, non-cognizable, and compoundable), it reinforces the principle that no one should be subjected to public or private dishonor through assault. By updating IPC Section 355 into a clearer framework, BNS Section 133 ensures that both intent and context are considered in such cases, balancing fairness with accountability.
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Finished with BNS 133 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 134 : Assault or criminal force in attempt to commit theft of property carried by a person.
- https://marriagesolution.in/bns_section/bns-134/
- BNS Section 135 : Assault or criminal force in attempt wrongfully to confine a person.
- https://marriagesolution.in/bns_section/bns-section-135/
- BNS 136 : Assault or criminal force on grave provocation.
- https://marriagesolution.in/bns_section/bns-136/
- 137 BNS : Kidnapping.
- https://marriagesolution.in/bns_section/137-bns/
- 138 BNS : Abduction.
- https://marriagesolution.in/bns_section/138-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list