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.
Simplified Explanation
Section 131 of the Bharatiya Nyaya Sanhita, 2023 addresses the punishment for assault or criminal force used against another person otherwise than on grave and sudden provocation.
Section 131 – Punishment for Assault or Criminal Force Otherwise Than on Grave Provocation
- Offense: Whoever assaults or uses criminal force against any person other than in response to grave and sudden provocation will face punishment.
- Punishment: The punishment for this offense is:
- Imprisonment of either description (simple or rigorous) for a term that may extend to three months,
- Fine which may extend to one thousand rupees, or
- Both imprisonment and fine.
Explanation 1 – Grave and Sudden Provocation:
Grave and sudden provocation does not reduce the severity of the punishment for the offense under Section 131 if:
- Provocation is sought or voluntarily provoked by the offender: If the person committing the assault or criminal force provoked the situation intentionally, such provocation cannot be used as a defense.
- Provocation is caused by something done in obedience to the law: If the provocation is the result of actions performed by a public servant while performing lawful duties, or any actions done in accordance with the law, it will not be considered grave or sudden enough to mitigate punishment.
- Provocation is caused by the lawful exercise of the right of private defense: If the provocation comes from someone acting within their right to defend themselves or others, it is not seen as grave enough to reduce the punishment for assault or criminal force.
Explanation 2 – Determining Whether Provocation Was Grave and Sudden:
- Whether the provocation was grave and sudden enough to mitigate the offense is determined by the facts of the case. This is assessed based on the situation and the actions involved, and it will be up to the court to evaluate if the provocation qualifies to reduce the offender’s punishment.
Key Points:
- Punishment applies when an assault or criminal force is used without justifiable provocation.
- Grave and sudden provocation may reduce the punishment, but certain conditions disqualify provocation from being considered a mitigating factor.
- The lawful actions of public servants or the right to private defense are explicitly excluded from reducing the severity of punishment.
In essence, Section 131 aims to hold individuals accountable for acts of assault or using criminal force unless they were reacting to a situation of grave and sudden provocation that meets the necessary criteria. The section also clarifies that provocation cannot be claimed as an excuse if the provocation was voluntary or occurred as part of lawful acts.
