Indian criminal law | Updated 30 October 2026
IPC Section 358: Assault or Criminal Force on Grave Provocation - BNS Section 136
Section 358 of the Indian Penal Code, 1860 dealt with assault or criminal force used following grave and sudden provocation by the person assaulted. Its corresponding provision in the Bharatiya Nyaya Sanhita, 2023 is Section 136.
IPC Section 358: Original statutory provision
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 two hundred rupees, or with both.
Explanation: The original provision states that it is subject to the same Explanation as Section 352 IPC. This qualification is important when deciding whether the provocation may be relied upon.
BNS Section 136: Current corresponding provision
Section 136 BNS addresses assault or criminal force on grave and sudden provocation. It retains the maximum term of simple imprisonment of one month, while increasing the maximum fine to Rs. 1,000. It is read with the explanation associated with Section 131 BNS concerning the circumstances in which provocation cannot be relied upon.
| Issue | IPC Section 358 | BNS Section 136 |
|---|---|---|
| Conduct | Assault or criminal force on grave and sudden provocation | Corresponding offence |
| Maximum imprisonment | One month, simple imprisonment | One month, simple imprisonment |
| Maximum fine | Rs. 200 | Rs. 1,000 |
| Alternative punishment | Imprisonment, fine, or both | Imprisonment, fine, or both |
Meaning of important legal terms
Assault
Under the IPC, Section 351 described assault through a gesture or preparation made with the intention or knowledge that it would cause a person present to apprehend imminent use of criminal force. The corresponding BNS definition is in Section 130. Mere words, without more, do not constitute assault, though words can give meaning to a gesture or preparation.
Criminal force
IPC Section 350, corresponding to BNS Section 129, addresses intentional use of force to a person without consent, for committing an offence or with the specified intention or knowledge of causing injury, fear or annoyance.
Grave and sudden provocation
This refers to provocation serious and immediate enough to be relevant under the statutory provision. The seriousness, immediacy and surrounding circumstances are assessed on the evidence. An old dispute, ordinary irritation or planned retaliation does not automatically satisfy the legal standard.
Essential ingredients of the offence
- There is an assault or use of criminal force against another person.
- The person assaulted gave the alleged grave and sudden provocation.
- The act was committed on that provocation, subject to the statutory explanation and limitations.
- The evidence supports application of this specific provision rather than a more serious or different offence.
Limits on relying on provocation
The explanation carried through from the general assault provision is significant. Provocation does not justify reliance on this provision where it was voluntarily sought or provoked by the offender as an excuse for the offence; where it arose from something done in obedience to law or by a public servant in lawful exercise of powers; or where it arose from the lawful exercise of the right of private defence. Whether provocation was grave and sudden is a question of fact.
Accordingly, a person cannot create an excuse by deliberately inviting a confrontation. Nor does lawful conduct by another person automatically provide a defence merely because it caused anger.
Practical illustrations
Sudden confrontation: During an unexpected heated confrontation, one person makes a threatening gesture or uses limited force immediately after serious provocation. Whether Section 136 applies depends on the actual conduct and evidence.
Delayed retaliation: A person returns several hours after an argument to strike someone. The delay may undermine an assertion that the force was used on sudden provocation.
Lawful official action: Anger at a public servant lawfully performing a duty is not, by itself, a qualifying ground for invoking the statutory provocation explanation.
Distinction from related offences
IPC Section 352 / BNS Section 131: General punishment for assault or criminal force otherwise than on grave provocation. IPC Section 355 / BNS Section 133: Assault or criminal force with intent to dishonour a person. IPC Section 358 / BNS Section 136: Assault or criminal force on grave and sudden provocation. Different factual elements can lead to different charges.
Reporting and legal procedure
The classification of an alleged offence, bail and the appropriate court should be checked against the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the law applicable on the date of the incident. Other offences may arise from the same incident, depending on injuries, threats and surrounding circumstances.
Case laws and judicial interpretation
The original page included a heading for Supreme Court and High Court case laws but did not identify any particular judgment or citation. No unverified case citation is added here. For relevant judgments, use the Supreme Court of India official website and the eCourts judgments portal, searching for the relevant section and legal issue.
Frequently asked questions
What is IPC Section 358?
IPC Section 358 punished assault or criminal force used on grave and sudden provocation given by the person assaulted. The punishment was up to one month of simple imprisonment, a fine up to Rs. 200, or both.
Which BNS section corresponds to IPC Section 358?
Section 136 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 358 for conduct governed by the new criminal law.
What is the punishment under BNS Section 136?
Simple imprisonment for up to one month, or a fine up to Rs. 1,000, or both.
Does provocation automatically excuse assault?
No. Grave and sudden provocation is assessed in context and is subject to statutory restrictions. It does not provide an unrestricted right to use force.
Can the IPC still apply after July 2024?
The IPC can remain relevant to conduct occurring before 1 July 2024, subject to applicable repeal and savings provisions.
Official legislation and resources
Consult the India Code portal for the Indian Penal Code, 1860 (Sections 350, 351, 352 and 358), the Bharatiya Nyaya Sanhita, 2023 (Sections 129, 130, 131 and 136), and the Bharatiya Nagarik Suraksha Sanhita, 2023. See the Ministry of Home Affairs for official information on the new criminal laws.
This article is for general legal information. The applicable statutory text and facts of an individual case control.