Indian criminal law | Updated 30 October 2026
IPC Section 352 and BNS Section 131: Punishment for Assault or Criminal Force
Section 352 of the Indian Penal Code, 1860, punished assault or criminal force otherwise than on grave and sudden provocation. For conduct governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding provision is Section 131.
What did IPC Section 352 provide?
Under the former IPC Section 352, a person who assaulted or used criminal force against another person, otherwise than on grave and sudden provocation given by that person, could be punished with imprisonment of either description for up to three months, or a fine up to five hundred rupees, or both.
This historical provision remains relevant when considering acts committed before the change in law, subject to applicable repeal, savings and transitional provisions.
Current law: BNS Section 131
Section 131 of the Bharatiya Nyaya Sanhita, 2023, deals with punishment for assault or criminal force otherwise than on grave provocation. It prescribes imprisonment of either description for up to three months, or a fine up to one thousand rupees, or both.
For the authoritative statutory wording, see the Ministry of Home Affairs / NCRB BNS provisions and the officially hosted BNS text (PDF).
IPC Section 352 versus BNS Section 131
| Feature | IPC Section 352 | BNS Section 131 |
|---|---|---|
| Subject | Assault or criminal force otherwise than on grave provocation | Same subject |
| Maximum imprisonment | Three months | Three months |
| Maximum fine | Rs. 500 | Rs. 1,000 |
| Imprisonment and fine together | Permitted | Permitted |
| Relevant period | Earlier IPC regime, including saved matters | New BNS regime from 1 July 2024 |
Meaning of assault and criminal force
Assault
Under IPC Section 351, and corresponding BNS Section 130, assault includes a gesture or preparation intended, or known to be likely, to cause a person present to apprehend that criminal force is about to be used against them. Physical contact is not essential for assault.
Criminal force
Under IPC Section 350 and corresponding BNS Section 129, criminal force involves intentional use of force without consent in connection with committing an offence, or with the requisite intention or knowledge concerning injury, fear or annoyance. Mere accidental contact is not automatically criminal force.
Essential ingredients
- An assault or intentional use of criminal force against a person.
- The relevant intention, knowledge and absence of consent, where required by the definition of criminal force.
- The act is not one qualifying for the special treatment of grave and sudden provocation given by that person.
- The evidence establishes the offence beyond reasonable doubt in a criminal trial.
Grave and sudden provocation: statutory exceptions
The explanation to IPC Section 352, preserved in substance in BNS Section 131, specifies that grave and sudden provocation does not mitigate punishment when:
- The offender sought or voluntarily provoked the situation as an excuse to commit the offence.
- The provocation resulted from an act done in obedience to law, or by a public servant lawfully exercising official powers.
- The provocation resulted from an act done in lawful exercise of the right of private defence.
Whether provocation was sufficiently grave and sudden is a question of fact, assessed in light of the circumstances and evidence. The related provision for assault or criminal force on grave provocation is BNS Section 136, corresponding to IPC Section 358.
Procedural classification
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, an offence under BNS Section 131 is generally non-cognizable, bailable and triable by any Magistrate. Classification and procedure can differ if the alleged conduct also attracts other, more serious offences.
Practical examples
Example 1: A person intentionally pushes another during an argument, without consent and intending to cause annoyance. Depending on the evidence and circumstances, the act may constitute criminal force.
Example 2: A person raises a fist and makes a threatening movement that causes another person present to apprehend immediate criminal force. This may constitute assault even without contact.
Example 3: An accidental bump in a crowded place, without the required criminal intention or knowledge, does not by itself establish criminal force.
Frequently asked questions
What is the punishment under BNS Section 131?
Up to three months imprisonment of either description, or a fine up to Rs. 1,000, or both.
What was the punishment under IPC Section 352?
Up to three months imprisonment of either description, or a fine up to Rs. 500, or both.
Is BNS Section 131 bailable?
Yes. Under the BNSS First Schedule, it is non-cognizable, bailable and triable by any Magistrate.
Does grave and sudden provocation always reduce liability?
No. It does not mitigate punishment where provocation was deliberately invited, arose from lawful action by a public servant, or resulted from lawful private defence. Whether provocation was grave and sudden is a question of fact.
Official legal references
- National Crime Records Bureau: Bharatiya Nyaya Sanhita provisions
- Bharatiya Nyaya Sanhita, 2023: official court-hosted PDF
- India Code: official central legislation portal
This article provides general legal information. Application of the law depends on the date of the incident, facts, charges and governing procedural provisions.