Section 131 punishes assault or the use of criminal force, when not committed on grave and sudden provocation, with imprisonment up to three months, or fine up to ₹1,000, or both, and clarifies when a claim of "grave and sudden provocation" will not reduce liability.
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 131 to old IPC Section 352, and cross-checked directly against the bare text of both Acts.
| BNS section | IPC, 1860 equivalent | Category |
|---|---|---|
| 131 | 352 | Substantively changed |
The operative offence and imprisonment term (up to three months) are unchanged. The maximum fine has been increased from five hundred rupees under old IPC Section 352 to one thousand rupees under this section. The three grounds on which grave and sudden provocation will not mitigate punishment are preserved in substance, now numbered as Explanation 1, clauses (a) through (c), and the closing sentence of the old Explanation (whether provocation was grave and sudden enough being a question of fact) now stands as a separate Explanation 2.
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.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
This is the general, catch-all punishment for assault or criminal force (as defined in Sections 128-130), applying whenever a more specific aggravated form (such as assault on a public servant, or assault to outrage modesty) does not apply. Grave and sudden provocation by the victim is a mitigating factor by implication — the section only punishes assault or criminal force committed "otherwise than" on such provocation. Explanation 1 then closes off three ways an accused cannot rely on provocation: where the accused sought or provoked the reaction as an excuse, where the provocation came from something done lawfully under the law or by a public servant acting within their powers, or where it came from something done in lawful private defence. Explanation 2 leaves the factual question of whether provocation was grave and sudden enough to the court.
No. This is the general, residual punishment. More specific and more severely punished forms of assault or criminal force — for example, against a public servant, or to outrage modesty — are dealt with in the sections that follow and take priority over this general provision.
No. Explanation 1(a) specifically excludes provocation that the accused sought or voluntarily provoked as an excuse for their own offence.
Per the Quick Reference above, yes — it is non-cognizable, bailable, and triable by any Magistrate.