IPC Section 355 and BNS Section 133: Assault or Criminal Force With Intent to Dishonour
Section 355 of the Indian Penal Code, 1860 addresses assault or criminal force used with the intention of dishonouring another person, otherwise than on grave and sudden provocation given by that person. Its corresponding provision in the Bharatiya Nyaya Sanhita, 2023 is Section 133.
What is IPC Section 355?
Original statutory provision: Whoever assaults or uses criminal force to any person, intending thereby to dishonour that 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 two years, or with fine, or with both.
BNS Section 133 - Corresponding current provision
Section 133 of the Bharatiya Nyaya Sanhita, 2023 addresses assault or criminal force used with intent to dishonour a person, otherwise than on grave and sudden provocation. The punishment remains imprisonment of either description for a term up to two years, or fine, or both. The official statutory text should be consulted for authoritative wording.
Essential ingredients of assault with intent to dishonour
- Assault or criminal force: There must be a legally qualifying assault or intentional use of criminal force against a person.
- Specific intention: The act must be committed with the intention of dishonouring the person. Accidental contact or an ordinary disagreement does not itself prove this intention.
- Provocation qualification: The offence under this provision is framed as occurring otherwise than on grave and sudden provocation given by the person concerned. The applicability of provocation is a fact-specific legal question.
Definitions of relevant legal terms
Assault: Under IPC Section 351 and BNS Section 130, a gesture or preparation may constitute assault where it is intended or known to be likely to create apprehension that criminal force is about to be used. Mere words alone do not constitute assault, though words may give meaning to gestures or preparations.
Criminal force: Under IPC Section 350 and BNS Section 129, intentional use of force without consent in circumstances specified by law, including to cause injury, fear or annoyance, may amount to criminal force.
Dishonour: In this context, the prosecution must establish an intention to subject the person to indignity or humiliation through the assault or criminal force. The specific circumstances and evidence are important.
Grave and sudden provocation: This expression refers to sufficiently serious and immediate provocation in the relevant statutory context. Not every insult or argument amounts to grave and sudden provocation, and its presence does not automatically excuse other offences.
Punishment under IPC 355 and BNS 133
| Particulars | IPC Section 355 | BNS Section 133 |
|---|---|---|
| Offence | Assault or criminal force with intent to dishonour | Corresponding offence |
| Maximum imprisonment | Two years | Two years |
| Nature of imprisonment | Either description | Either description |
| Fine | Fine may be imposed instead of or with imprisonment | Fine may be imposed instead of or with imprisonment |
| Period of general application | Earlier conduct, subject to savings | Conduct on or after 1 July 2024 |
Procedure: Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, BNS Section 133 is generally classified as non-cognizable and bailable, triable by any Magistrate. This is the classification of the standalone offence; other allegations in a case may affect procedure. Consult the current official schedule for the authoritative classification.
Practical illustrations
- Humiliating physical act: A person deliberately slaps another in public for the purpose of humiliating that person. Subject to the evidence and absence of qualifying provocation, this may attract Section 133.
- Threatening gesture: A gesture made to cause apprehension of immediate criminal force, with an intention to dishonour, may require assessment under the legal definition of assault.
- Words without assault: A person uses offensive language but does not commit assault or use criminal force. Those facts alone do not establish Section 133, though other provisions may be relevant.
- Immediate serious provocation: A confrontation following alleged grave and sudden provocation requires a careful assessment of the provocation qualification and any other applicable offence.
These examples are illustrative and do not determine criminal liability in a particular case.
Difference from related provisions
IPC Section 352 and BNS Section 131 address the general punishment for assault or criminal force otherwise than on grave provocation. IPC Section 355 and BNS Section 133 additionally require the intention to dishonour. IPC Section 358 concerns assault or criminal force on grave and sudden provocation. Different facts may attract different offences.
Frequently asked questions
Which BNS section corresponds to IPC Section 355?
Section 133 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 355.
What is the punishment under BNS Section 133?
Imprisonment of either description for up to two years, or fine, or both.
Does verbal insult alone amount to this offence?
No. The offence requires assault or criminal force with the intention of dishonouring the person; verbal insult alone does not establish those elements.
What is the role of grave and sudden provocation?
The provision excludes cases where the relevant grave and sudden provocation was given by the person assaulted. Whether it applies depends on the facts and other applicable provisions.
Does the BNS apply to incidents before July 2024?
The BNS generally applies to offences committed on or after 1 July 2024. Earlier incidents may remain governed by the IPC under repeal and savings provisions.
Official statutes and legal references
Read the official texts of the Bharatiya Nyaya Sanhita, 2023 (Section 133), the Indian Penal Code, 1860 (Section 355), and the Bharatiya Nagarik Suraksha Sanhita, 2023 (First Schedule), on the India Code portal. The Ministry of Home Affairs provides official information about the implementation of the new criminal laws.
This article is for general legal information, not legal advice on any individual case.