BNS Section 131
Can I avoid punishment for assault if I was provoked?
Short answer
No, provocation generally does not reduce the punishment for assault unless it falls outside the listed exceptions.
In detail
Section 131 of the Bharatiya Nyaya Sanhita, 2023 says that anyone who assaults another person without a grave and sudden provocation can be sentenced to up to three months in jail, a fine of up to one thousand rupees, or both. The law does allow provocation to lessen the penalty only if it is not sought or used by the offender as an excuse, and if it does not arise from lawful actions by a public servant or from a lawful exercise of private defence. In other words, if the provocation was created by the offender, or came from something done under the law, it will not help reduce the punishment. Whether the provocation is truly grave and sudden enough to qualify for mitigation is decided based on the facts of each case.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- What constitutes grave and sudden provocation under this Act?
- Does self‑defence affect the punishment for assault?
- What is the maximum penalty for assault under the Bharatiya Nyaya Sanhita?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.