IPC 358 → BNS 136: Assault (Provocation)

Quick Summary: IPC 358 vs BNS 136

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 358 (Assault (Provocation)) is now mapped to BNS Section 136.

What did IPC 358 cover?

IPC 358 dealt with assault (provocation) — assault or criminal force on grave provocation. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 136: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to assault (provocation) are filed under BNS Section 136. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 136

Same - Up to 1 month

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 136 instead of IPC 358.
• Police officers: Use BNS 136 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 358 ↔ BNS 136 mapping.