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Introduction of Section 133 BNS

Bharatiya Nyaya Sanhita (BNS) Section 133 deals with the offense of assault or the use of criminal force with the intention of dishonoring someone. This section specifically addresses cases where the action is taken without any grave or sudden provocation. The law outlines punishments for such offenses, including imprisonment or fines.


The Bharatiya Nyaya Sanhita (BNS) Section 133 replaces the old Indian Penal Code (IPC) 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.


133 BNS : Assault for dishonoring, not provoked
133 BNS Assault with intent to dishonor, penalties

BNS 133 in Simple Points

  1. Assault with Intent to Dishonor:
    This section addresses situations where a person uses physical force or assault to dishonor or insult someone. The offender’s intention must be to degrade the victim, regardless of any physical harm caused.
  2. No Grave Provocation:
    The law applies when the offender acts without being provoked by the victim. If the victim provoked the assault, this section would not be applicable.
  3. Punishment for the Offense:
    The punishment under this section can include imprisonment for up to two years, a fine, or both. The court decides the severity of the punishment based on the case’s circumstances.
  4. Bailable and Non-Cognizable Offense:
    Since this is a non-cognizable offense, police cannot arrest the accused without a warrant. The offense is also bailable, meaning the accused can obtain bail and remain out of custody during the trial.
  5. Compoundable Offense:
    This offense is compoundable, which means the case can be settled outside the court with the agreement of both parties. The victim can withdraw the complaint if a mutual settlement is reached.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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

  1. Imprisonment:
    The offender can be sentenced to imprisonment for up to two years for the act of dishonoring someone using force or assault.
  2. 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 punishment: up to 2 years and fine
BNS 133 punishment: up to 2 years imprisonment and fine

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.


Bharatiya Nyaya Sanhita Section 133

SectionOffensePunishmentBailableCognizabilityCompoundableTrial By
BNS
133
Assault or criminal force with intent to dishonor a personImprisonment up to 2 years, fine, or bothYesNon-cognizableCompoundableAny Magistrate
Bharatiya Nyaya Sanhita Section 133

BNS Section 133 FAQs

What does BNS Section 133 cover?

What is the punishment under Section 133?

Is the offense 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?


Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.


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