Section 136 of BNS 2023: Penalties for Assault on Grave and Sudden Provocation
Overview
Section 136 of BNS 2023 deals with the offense of assault or the use of criminal force committed under grave and sudden provocation by the victim. It outlines the penalties for such actions, emphasizing the circumstances that can mitigate the severity of the punishment.
Punishment
Under Section 136, the punishment for assaulting or using criminal force on grave and sudden provocation includes:
- Simple imprisonment for up to one month
- Fine up to ₹1,000
- Both imprisonment and fine
Key Elements
- Assault or Criminal Force: The act involves assault or the use of criminal force.
- Grave and Sudden Provocation: The assault must occur as a direct response to grave and sudden provocation by the victim.
- Mitigating Circumstances: The provocation mitigates the severity of the punishment compared to unprovoked assault.
Explanation
This section is subject to the same explanation as Section 131, which specifies conditions under which provocation does not mitigate the offense:
- Provocation Sought or Voluntarily Provoked: The offender seeks or provokes the provocation.
- Provocation by Lawful Acts: The provocation is due to lawful actions by a public servant or someone acting in private defense.
Examples
- Heated Argument: During a heated argument, a person strikes another after being insulted. This act, if seen as grave and sudden provocation, is punishable under Section 136.
- Immediate Reaction: A person pushes another who made a sudden, severe verbal threat. This immediate reaction to provocation is covered by this section.
- Retaliatory Action: If someone slaps another in response to a sudden and severe provocation, such as a derogatory remark, it falls under this section with mitigated penalties.
Historical Context
Legal systems have long recognized that human emotions can lead to actions taken under sudden and severe provocation. The Indian Penal Code (IPC) provided initial frameworks for such cases, which BNS 2023 refines to address modern societal standards and legal requirements.
Legislative Intent
The legislative intent behind Section 136 of BNS 2023 is to acknowledge human reactions to grave and sudden provocation, offering mitigated penalties in such cases. By clearly defining the conditions and limitations, the law ensures fairness and justice while maintaining public order.
Conclusion
Section 136 of BNS 2023 is vital for addressing assaults committed under grave and sudden provocation. It provides a balanced approach by offering mitigated penalties while still upholding the rule of law and personal accountability.