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Introduction of Section 131 BNS

BNS Section 131 deals with the punishment for assault or the use of criminal force when it is not provoked by grave and sudden provocation. This section sets out the penalties for such offenses and outlines when certain types of provocation may not reduce the severity of the punishment.


The Bharatiya Nyaya Sanhita (BNS) Section 131 replaces the old Indian Penal Code (IPC) Section 352.



What is section 131 of BNS ?

BNS Section 131 addresses the punishment for committing an assault or using criminal force without grave and sudden provocation from the victim. It specifies the penalties applicable in such cases and provides guidance on how provocation affects sentencing.


Penalties for assault under BNS 131 without provocation
BNS 131 outlines assault penalties without provocation

BNS 131 in Simple Points

  1. Scope of the Offense:
    • This section applies to instances where a person uses criminal force or commits an assault without receiving serious and immediate provocation from the victim. The law addresses how the lack of proper provocation impacts the sentencing.
  2. Nature of Provocation:
    • For provocation to affect the penalty, it must be both grave (serious) and sudden. If the provocation was intentionally sought or if it was related to lawful actions by a public servant or in self-defense, it does not reduce the severity of the punishment.
  3. Punishment Details:
    • The punishment for the offense includes imprisonment for up to three months, a fine up to one thousand rupees, or both. This provides a clear framework for how offenders are penalized for their actions.
  4. Classification and Bail Status:
    • The offense under this section is non-cognizable, meaning that the police cannot arrest the accused without a warrant, and the case requires magistrate approval for investigation. It is also bailable, allowing the accused to be released on bail during the legal process.
  5. Compounding of Offense:
    • The offense is compoundable, meaning that it can be settled with the complainant’s consent and approval from the magistrate. This provides an opportunity for the parties involved to resolve the matter outside of court.

Section 131 BNS Overview

BNS Section 131 defines the punishment for individuals who assault or use criminal force against another person, except when the action is provoked by grave and sudden provocation from the victim. It outlines the conditions under which such provocation will or will not influence the severity of the penalty.

Section 131 BNS Overview: 10 Key Points in Very Simple Words

  1. Assault and Force:
    This section addresses situations where a person commits assault or uses force without serious provocation from the other person.
  2. Scope of Provocation:
    Provocation needs to be both grave (serious) and sudden for it to affect the severity of the punishment. If the provocation was intentional or related to lawful actions, it does not lessen the penalty.
  3. Punishment Options:
    The law provides for imprisonment of up to three months, a fine of up to one thousand rupees, or both as punishment for this offense.
  4. Classification:
    The offense is non-cognizable, meaning that the police cannot arrest the offender without a warrant, and investigations require magistrate approval.
  5. Bail Status:
    The offense is bailable, allowing the accused to be released on bail.
  6. Compounding of Offense:
    It is compoundable, which means that the complainant and accused can settle the case with the magistrate’s permission.
  7. Exceptions to Provocation:
    Provocation will not reduce the punishment if it was sought by the offender, was a result of lawful actions by a public servant, or was part of self-defense.
  8. Role of the Magistrate:
    The case can be tried by any magistrate, and they have the authority to decide on the bail and compounding of the offense.
  9. Fact Determination:
    Whether the provocation was grave and sudden enough to mitigate the punishment is determined based on the facts of the case.
  10. Legal Framework:
    This section aims to ensure that the punishment for assault or force is proportionate to the circumstances, especially when provocation is not a valid excuse.

Examples

  1. Example 1: Street Altercation
    • Scenario: John and Mike get into an argument on the street. In a fit of anger, John shoves Mike without any serious provocation from Mike. John is arrested under Section 131.
    • Explanation: Since Mike did not provoke John in a serious or immediate manner, and John’s actions were not justified or lawfully excused, John is punishable under Section 131. The lack of serious provocation means John faces potential imprisonment for up to three months, a fine, or both.
  2. Example 2: Unprovoked Physical Contact
    • Scenario: Sarah, a store manager, uses physical force to remove a customer who was acting unruly. The customer did not provoke Sarah in a serious or sudden way, and the removal was not in response to a legal requirement.
    • Explanation: Sarah’s use of force, not provoked by a serious or sudden incident, falls under Section 131. The law considers that Sarah’s actions were not justified by any grave provocation. Thus, Sarah could face imprisonment, a fine, or both as per the section’s stipulations.

BNS 131 Punishment

  1. Imprisonment:
    If found guilty, the offender may be sentenced to imprisonment for a term that may extend up to three months.
  2. Fine:
    Alternatively, or in addition to imprisonment, the offender may be fined up to one thousand rupees.

BNS 131 punishment for assault: Jail or fine
Penalties under BNS 131 for assault: Jail or fine

BNS 131 bailable or not ?

Yes, BNS Section 131 is bailable. This means that if someone is charged under this section, they have the right to be released on bail while awaiting trial.


Bharatiya Nyaya Sanhita Section 131

PointsDetails
OffenseAssault or criminal force without grave provocation
PunishmentImprisonment for up to 3 months, or fine up to ₹1,000, or both
ClassificationNon-cognizable
BailableYes
CompoundableYes
Triable byAny Magistrate
Bharatiya Nyaya Sanhita Section 131

BNS Section 131 FAQs

What is BNS Section 131 about?

What are the possible punishments under Section 131?

The possible punishments include imprisonment for up to three months, a fine up to one thousand rupees, or both.

Is the offense under Section 131 cognizable?

Can the offense under Section 131 be settled outside of court?

What factors are considered to mitigate the punishment under Section 131?


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