Bharatiya Nyaya Sanhita 2023
Section 131 :
Punishment for assault or criminal force otherwise than on grave provocation :
(See section 352 of IPC 1860)
Section : 131
Classification of Offence:
Offence : Assault or criminal force otherwise than on grave provocation.
Punishment : Imprisonment for 3 months, or fine of 1000 rupees, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person assaulted or to whom criminal force is used.
By Which Court Triable : Any Magistrate.
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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.
Explanation 1 :
Grave and sudden provocation will not mitigate the punishment for an offence under this section,-
(a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or
(b) if 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) if the provocation is given by anything done in the lawful exercise of the right of private defence.
Explanation 2 :
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
Indian Penal Code 1860 (IPC 1860)
Section 352 :
Punishment for assault or criminal force otherwise than on grave provocation :
(See section 131 of BNS 2023)
Classification of Offence:
Offence: Assault or use of criminal force otherwise than on grave provocation.
Punishment :Imprisonment for 3 months, or fine of 500 rupees, or both.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person assaulted or to whom criminal force is used.
By Which Court Triable :Any Magistrate.
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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 five hundred rupees, or with both.
Explanation :
Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or
if 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
if the provocation is given by anything done in the lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a question off act.