BNS Section 122 — Voluntarily causing hurt or grievous hurt on provocation
CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY — Of hurt
Criminal
Punishment
Imprisonment up to 1 month, or fine up to ₹5,000, or both
As the section puts it: “shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both”
Summary
Sub-section (1) covers a person who voluntarily causes hurt to someone because of grave and sudden provocation, but only if that person neither intended nor knew that they were likely to cause hurt to anyone other than the person who gave the provocation. In such a case, the punishment is imprisonment of either description for up to one month, or a fine of up to five thousand rupees, or both.
Sub-section (2) covers the same situation but where the harm caused is grievous hurt instead of ordinary hurt. If a person voluntarily causes grievous hurt on grave and sudden provocation, and neither intends nor knows themselves to be likely to cause grievous hurt to anyone other than the person who gave the provocation, the punishment is imprisonment of either description for up to five years, or a fine of up to ten thousand rupees, or both.
The explanation states that this section is subject to the same proviso as Exception 1 of section 101.
Official Text
(1) Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.
(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both.
Explanation.—This section is subject to the same proviso as Exception 1 of section 101.
