Criminal Force and Assault Under the BNS (Section 131): IPC 352 Mapping (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

A shove, a slap, a raised hand that makes a person fear a blow, a grab that was not consented to: these are the everyday facts behind a charge of assault or criminal force. The offence is common, the sentence is short, and the definitions matter, because assault and criminal force are not the same thing in law. This explainer sets out the provision in plain terms: the punishment section under the Bharatiya Nyaya Sanhita, 2023 (BNS), the old Indian Penal Code (IPC) section it replaced, how the code defines assault and criminal force, and the punishment. Last verified October 2026.

01The problem this section addresses

Most physical confrontations that stop short of hurt fall under the law of assault and criminal force. The provision gives a baseline punishment for using force on a person, or threatening it, when there was no grave and sudden provocation to explain it.

Typical situations include:

• Pushing, slapping, or grabbing a person without consent.
• Raising a hand or a weapon in a way that makes a person fear immediate force.
• Any use of force on a person meant to cause injury, fear, or annoyance, without lawful reason.

Note how the code is built: one section defines criminal force, another defines assault, and a third fixes the punishment. This page is mainly about the punishment section.

02What the offence is (answer first)

The punishment for assault or criminal force, otherwise than on grave and sudden provocation, is set by Section 131 of the Bharatiya Nyaya Sanhita, 2023. It replaced Section 352 of the Indian Penal Code, 1860. The BNS came into force on 1 July 2024.

Section 131 punishes a person who assaults or uses criminal force on any person otherwise than on grave and sudden provocation given by that person. The definitions it relies on are elsewhere in the code: criminal force in Section 128, and assault in Section 130.

In law, assault and criminal force are two different things: one is the threat of force, the other is the use of force.

So to understand a Section 131 charge, you need the definition sections as well as the punishment section.

03Assault and criminal force are different

People use the word "assault" loosely, but the code keeps the two ideas apart.

• Assault (Section 130): making a gesture or preparation that causes another person to apprehend that criminal force is about to be used on them. It is, in essence, the threat.
• Criminal force (Section 128): intentionally using force on a person, without consent, to commit an offence, or to cause injury, fear, or annoyance. It is, in essence, the actual use of force.

04From IPC 352 to BNS 131: what changed

The offence carried over from the IPC with its substance intact. The main change is the higher fine.

So the term of imprisonment is unchanged, and the fine ceiling has been doubled, from five hundred rupees to one thousand rupees.

05The grave provocation point

The words "otherwise than on grave and sudden provocation" are built into the section. If the assault or force was a response to grave and sudden provocation given by the victim, the position changes, and a lighter provision can apply.

But the code also guards against misuse of this plea. Provocation does not help the accused if:

• the accused sought or voluntarily provoked it as an excuse for the assault;
• it was given by something done in obedience to the law, or by a public servant acting lawfully;
• it was given by something done in the lawful exercise of the right of private defence.

Whether provocation was grave and sudden is a question of fact for the court.

06Punishment and classification

The punishment under Section 131 of the BNS is imprisonment of either description for a term that may extend to three months, or a fine that may extend to one thousand rupees, or both.

Confirm the classification against the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) as it stands on the date of the case.

07Related offences

Section 131 is the baseline. The code has more serious assault offences where the act is aimed at a particular harm or a particular victim. Related explainers in this series include:

• assault or criminal force to dishonour a person (the old IPC 355).
• acts endangering life or personal safety (the old IPC 336 to 338).
• attempt to commit culpable homicide (the old IPC 308), where the intent is far graver.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A charge under Section 131 turns on small facts: the gesture, the touch, the question of consent, and whether grave and sudden provocation was in play. Seeing how benches have drawn those lines is the fastest route to sound advice. On Claw a search across more than 30 crore judgments returns in under 5 seconds, so you can read how courts have handled the definitions in Sections 128 and 130 and the provocation exception, under both Section 131 and the old IPC 352. A live matter can be followed across 9,102 courts, benches and forums, by party or advocate name, with its orders and hearings kept in view. For the wider picture, see case search across Indian courts.

Open a free Claw account to search this case law and track an assault matter by party or advocate name. Claw does not use customer case documents to train AI models.

09Sources and further reading

• India Code (official text of central Acts): indiacode.nic.in
• BNS Section 131 (punishment for assault or criminal force): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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