Home  /  Bharatiya Nyaya Sanhita  /  Section 136

Section 136: Assault or Criminal Force on Grave and Sudden Provocation

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 358 IPC
Section 135 All 358 Sections of Bharatiya Nyaya Sanhita Section 137

Legal Commentary & Landmark Judgments: Section 136

Section 136 provides mitigated punishment for assault or use of criminal force on grave and sudden provocation, prescribing imprisonment of either description for a term which may extend to one month, or fine up to two thousand five hundred rupees, or both.

  • Grave & Sudden Provocation: The assault was triggered by instantaneous provocation depriving the actor of self-control.
  • Same Provisos as Homicide: Provocation must not be sought; not in obedience to law; and not in exercise of lawful private defence.
  • Statutory Mitigation: Reduces ordinary assault penalties to a maximum of one month imprisonment.
Key Landmark Precedents:
  • K.M. Nanavati v. State of Maharashtra (AIR 1962 SC 605): Affirmed that the doctrine of provocation mitigates criminal culpability across all forms of physical violence, including assault under Section 358 IPC (Section 136 BNS).
  • State of Rajasthan v. Kashi Ram (2006) 12 SCC 254: Reiterated that spontaneous reactions to sudden insults or physical aggression fall under mitigated assault rules.
Courtroom Practice & Strategic Litigation Guidance:

In court arguments, lead evidence of the complainant's immediate abusive conduct: showing that the complainant spat on your client or insulted their family moments before the shove establishes Section 136 BNS mitigation, capping the fine to nominal sums.

Section 135 All 358 Sections of Bharatiya Nyaya Sanhita Section 137