Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Explanation.—This section is subject to the same Explanation as section 131.
Simplified Explanation
Section 136 of the Bharatiya Nyaya Sanhita, 2023 addresses assault or criminal force used on grave provocation.
Section 136 – Assault or Criminal Force on Grave Provocation
- Offense: This section applies when a person:
- Assaults or uses criminal force against another person,
- On grave and sudden provocation given by that person.
- Punishment: The person committing the offense shall be punished with:
- Simple imprisonment for a term which may extend to one month,
- A fine which may extend to one thousand rupees, or
- Both imprisonment and fine.
Key Points:
- Grave and Sudden Provocation: The offender is excused to some extent if the assault or force was a direct reaction to a grave and sudden provocation by the victim. This means that the provocation must be significant and happen suddenly, leading the offender to act impulsively.
- Punishment: The punishment under this section is relatively milder compared to assaults not based on provocation, as the law recognizes the mitigating factor of provocation.
- Explanation: This section follows the same explanatory principle as Section 131 (regarding grave provocation), meaning that provocation must not have been sought or voluntarily provoked by the offender as an excuse for committing the assault.
This section acknowledges human reactions to strong emotional triggers but still seeks to impose a penalty to deter such actions.
