Section 133 – Bharatiya Nyaya Sanhita (BNS) – Assault Or Criminal Force With Intent To Dishonour Person, Otherwise Than On Grave Provocation.

Code: Section 133 BNS

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.

Explanation of Section 133 BNS

Section 133 of the Bharatiya Nyaya Sanhita (BNS) deals with assault or use of criminal force against someone with the intention of dishonouring them.

Key Provisions:

1. Assault with Intent to Dishonour:
   • If a person assaults or uses criminal force against someone with the specific aim of dishonouring them, they can be punished under this section.
2. Absence of Grave and Sudden Provocation:
   • The accused cannot claim provocation unless it was grave and sudden.
   • If the victim provoked the act, but the provocation was neither grave nor sudden, this law still applies.
3. Punishment:
   • Imprisonment for up to 2 years, or
   • Fine, or
   • Both imprisonment and fine.

Illustrations of Section 133 BNS

Example 1: Public Humiliation

A forcibly removes B’s turban in a public gathering, intending to insult B.
👉 A is guilty under Section 133 BNS.

Example 2: Assault to Disgrace

X, angry at Y, spits on Y’s face to humiliate them.
👉 X is guilty under this section.

Example 3: No Grave Provocation

P pushes Q into a dirty drain during an argument, intending to dishonour them. Q had only made a verbal remark.
👉 P is punishable under Section 133 BNS as there was no grave provocation.

Common Questions and Answers on Section 133 BNS

1. What is the maximum punishment under Section 133 BNS?

The punishment can be imprisonment for up to two years, a fine, or both.

2. Does Section 133 apply if the person reacted to an insult?

No, unless the insult amounts to grave and sudden provocation.

3. Can tearing someone’s clothes be considered an offense under this section?

Yes, if the act was intended to dishonour the person, it falls under Section 133 BNS.

4. Is slapping someone in public punishable under this section?

Yes, if it is done with the intention to humiliate the person.

5. How can a victim take legal action under Section 133 BNS?

The victim can:

• File an FIR at the police station.
• Seek legal counsel for prosecution.
• Provide evidence such as videos or eyewitness testimony.

Conclusion

Section 133 BNS protects individuals from public humiliation through assault or criminal force. If a person intentionally dishonours another without grave provocation, they can face imprisonment or fines.

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