The Bharatiya Nyaya Sanhita, 2023
Section 131. Punishment for assault or criminal force otherwise than on grave provocation.
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: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.
Replaces
Indian Penal Code, 1860, Section 352
Pair from: BPR&D correspondence tables (bprd.mha.gov.in; A. K. Yadav, CAPT Bhopal)
Cases citing this section
Cited in 9 documents
Source: Order and office-report PDFs whose text cites the section, read by rule (document_citations); each case through its orders and office reports that carry the PDF
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