What Is BNS Section 136?

Bharatiya Nyaya Sanhita, 2023 - Section 136: Assault or Criminal Force on Grave Provocation

Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

Explanation: This section is subject to the same Explanation as Section 131.

Brief Detail

BNS Section 136 deals with the offense of assault or use of criminal force in response to grave and sudden provocation given by the person assaulted. The punishment for this offense is simple imprisonment for up to one month, a fine up to one thousand rupees, or both. The same conditions for grave and sudden provocation apply as detailed in Section 131.

Question & Answers

Q1: What does BNS Section 136 address?

A1: BNS Section 136 addresses assault or use of criminal force in response to grave and sudden provocation given by the person assaulted.

Q2: What are the penalties under BNS Section 136?

A2: The penalties under BNS Section 136 include simple imprisonment for up to one month, a fine up to one thousand rupees, or both.

Q3: Does the section apply if the provocation is not sudden or grave?

A3: No, the section applies only if the provocation is grave and sudden. If the provocation does not meet these criteria, different penalties may apply.

Q4: Are there any specific conditions for provocation under this section?

A4: Yes, the provocation must be grave and sudden, and the same conditions apply as detailed in Section 131.

Example

Example Scenario:

If a person is provoked gravely and suddenly by another individual, and in response, uses criminal force, this action may be punished under BNS Section 136. For instance, if someone is insulted or attacked unexpectedly, and in the heat of the moment, they assault the provoker, they could be subject to the penalties under this section.

Summary

BNS Section 136 provides for punishment of assault or use of criminal force when done in response to grave and sudden provocation. The offense is punishable by simple imprisonment for up to one month, a fine up to one thousand rupees, or both. The same conditions for provocation as described in Section 131 apply.