Assault or criminal force on grave provocation
Section 136 of the Bharatiya Nyaya Sanhita, 2023 deals with assault or criminal force on grave provocation. 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. The Act came into force on 01 Jul 2024.
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.
Section 136, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 358 Assault or criminal force on grave provocation Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Assault or use of criminal force on grave and sudden provocation. | Simple imprisonment for one month, or fine of 1,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Jitendra& ORS. vs State
Decided under Indian Penal Code 358, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When investigation and recovery in a criminal case are complete and the accused is in judicial custody, bail may be granted under Section 439 Criminal Procedure Code if, after considering all facts and circumstances, the court finds it to be a fit case, subject to appropriate conditions including personal bonds, sureties, and mandatory court appearances to ensure the accused's presence during trial proceedings.
On this section: Causing disappearance of evidence of offence - one of the charges against the accused applicants
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 136
What have the courts held on Section 136 of the Bharatiya Nyaya Sanhita?
Jitendra& ORS. vs State (28 Jul 2015) is the leading judgment on this section among those set out below, though it was decided under IPC 358, which this section replaced -- the court never mentioned this Act: Causing disappearance of evidence of offence - one of the charges against the accused applicants.
Is Section 136 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 136 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 136 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 136, section 136 BNS, section 136 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 136(2). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jitendra& ORS. vs State (28 Jul 2015).
What should I read with Section 136 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 131 (Punishment for assault or criminal force otherwise than on grave provocation), so none of them can safely be read on its own. It carries forward IPC 358 (Assault or criminal force on grave provocation), so the judgments decided under that provision are the case law on this one.
When did Section 136 of the Bharatiya Nyaya Sanhita come into force?
Section 136 of the Bharatiya Nyaya Sanhita, cited as BNS 136, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.