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Introduction of Section 136 BNS

BNS Section 136 of the Bharatiya Nyaya Sanhita deals with the punishment for assault or criminal force used on a person under grave and sudden provocation. This section provides a lesser punishment considering that the provocation comes from the victim, which temporarily causes the offender to lose control of their emotions or actions.


The Bharatiya Nyaya Sanhita (BNS) Section 136 replaces the old Indian Penal Code (IPC) Section 358.



What is section 136 of BNS ?

BNS Section 136 punishes those who assault or use criminal force against someone due to grave and sudden provocation given by the victim. The section acknowledges that the provocation may lead to a temporary loss of self-control, and thus, prescribes a comparatively lesser punishment of simple imprisonment for up to one month, a fine of ₹1,000, or both.


BNS Section 136 punishment for assault after provocation
BNS Section 136 outlines punishment for provoked assault

BNS 136 in Simple Points

  1. Assault or Criminal Force on Provocation:
    This section applies when a person is provoked by the victim and, as a result, uses assault or criminal force against the victim. The provocation must be grave (serious) and sudden for this section to apply.
  2. Provocation as a Mitigating Factor:
    The law recognizes that grave and sudden provocation can temporarily reduce the offender’s self-control, making their actions less severe in the eyes of the law.
  3. Reduced Punishment:
    Since the assault or criminal force is a reaction to the victim’s provocation, the punishment is milder, with a maximum penalty of simple imprisonment for up to one month or a fine of ₹1,000, or both.
  4. Non-Cognizable Offense:
    The offense under this section is non-cognizable, meaning the police cannot arrest the offender without a warrant.
  5. Bailable and Compoundable:
    The offense is bailable, meaning the accused can secure bail easily, and it is compoundable, meaning that the victim and accused can settle the matter out of court.

Section 136 BNS Overview

BNS Section 136 deals with cases where a person assaults or uses criminal force on another person due to grave and sudden provocation caused by the victim. The section recognizes that such provocation can momentarily push the accused to lose control, and thus, it provides a reduced punishment of simple imprisonment up to one month, a fine of up to ₹1,000, or both.

BNS Section 136 Overview :10 Key Points

  1. Covers Provoked Assault:
    This section deals with situations where someone assaults another person after being gravely and suddenly provoked by the victim.
  2. Grave and Sudden Provocation:
    The provocation must be serious and happen suddenly to justify a reduced punishment under this section.
  3. Lesser Punishment:
    Since the crime is done under provocation, the punishment is lighter, with simple imprisonment for up to one month, or a fine up to ₹1,000, or both.
  4. Simple Imprisonment:
    If imprisonment is imposed, it will be simple, meaning no hard labor is required.
  5. Fine Provision:
    If the court deems it appropriate, the offender may instead be fined up to ₹1,000, or a combination of both fine and imprisonment.
  6. Non-Cognizable Nature:
    As a non-cognizable offense, the police cannot arrest the accused without obtaining a warrant from the court.
  7. Bailable Offense:
    The offense is bailable, meaning the accused can be released on bail pending trial.
  8. Compoundable Offense:
    The offense is compoundable, which means that the victim can agree to settle the case out of court, usually with the consent of the judge.
  9. Triable by Any Magistrate:
    This offense can be tried by any magistrate, making it easier to handle the case at lower courts.
  10. Explanation Linked to Section 131:
    The section refers to Section 131 for a similar explanation regarding provocation and its impact on legal outcomes.

BNS Section 136: Examples

  1. Example 1:
    A person insults another during a heated argument. The insulted person, feeling deeply provoked, slaps the other in response. Since the slap was done under grave and sudden provocation, the punishment is less severe, in line with BNS Section 136.
  2. Example 2:
    A neighbor accuses a person of theft in front of others without evidence, causing the person to feel insulted. The person pushes the neighbor out of anger. In such a case, because the action was a response to sudden provocation, the punishment may be lighter under BNS Section 136.

BNS 136 Punishment

  1. Imprisonment:
    The offender may face simple imprisonment for up to one month as a punishment for the offense.
  2. Fine:
    Alternatively, or in addition to imprisonment, the court may impose a fine up to ₹1,000 on the offender.

BNS 136  Punishment :Penalties for assault after provocation
BNS 136 Punishment outlines fines and imprisonment for assault

BNS 136 bailable or not ?

Yes, BNS Section 136 is a bailable offense, meaning the accused can apply for bail and may not necessarily remain in custody before the trial.


Bharatiya Nyaya Sanhita Section 136

SectionOffensePunishmentBailableCognizabilityCompoundableTrial By
BNS 136Assault or criminal force on grave and sudden provocationSimple imprisonment up to 1 month, fine up to ₹1,000, or bothYesNon-CognizableCompoundableAny Magistrate
Bharatiya Nyaya Sanhita Section 136

BNS Section 136 FAQs

What is BNS Section 136 about?

What punishment is prescribed under BNS Section 136?

Is BNS Section 136 a bailable offense?

Can the offense under BNS Section 136 be compounded?

Yes, it is a compoundable offense, meaning the matter can be settled between the parties.

Is the offense under BNS Section 136 cognizable?

Who can try the offense under BNS Section 136?


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