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BNS Section 122: Voluntarily Causing Hurt or Grievous Hurt on Provocation
Section 122 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the issue of voluntarily causing hurt or grievous hurt in response to provocation. This provision applies when an individual inflicts harm on another in a situation where they are provoked, but the provocation does not justify such a violent response
Definition of BNS Section 122
Section 122 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 122
Section 122 recognises situations where an individual causes harm to another person due to grave and sudden provocation. The law takes into account human emotions like anger or frustration when provoked, and it does not hold the person fully accountable if the provocation was sudden and severe. However, the harm must not be intended for anyone other than the person who provoked the individual.
- In hurt cases, the punishment is relatively mild (up to one month in jail or a small fine)
- In grievous hurt cases, the law imposes more serious penalties (up to five years in jail and a higher fine) as grievous hurt involves more severe injuries.
Illustration:
- Person A is verbally provoked by Person B. In a fit of anger, Person A pushes Person B, causing a minor injury. If Person A did not intend to hurt anyone other than Person B, they could be punished under Section 122(1) with a fine or imprisonment of up to one month.
- Person A is severely provoked by Person B and, in anger, strikes Person B with a heavy object, causing serious injuries. If Person A did not intend to cause grievous harm to anyone other than Person B, they could be punished under Section 122(2) with up to five years in prison or a fine, or both.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points in Section 122
Section 122 seeks to balance the right to self-defense and the need to control excessive retaliation by penalising actions that result in unnecessary harm. By doing so, it aims to discourage violent reactions to provocation and maintain social harmony while addressing the legal consequences of such actions.
- Purpose: Balances the right to self-defense with the need to control excessive retaliation, discouraging violent reactions to provocation while maintaining social harmony.
- Voluntary Causing Hurt Due to Provocation
Intentional Harm: The harm must be voluntary, done knowingly or intentionally in response to provocation. - Grave and Sudden Provocation
Serious & Immediate: The provocation must be both serious (grave) and sudden, offering no time for rational thinking or emotional control. - No Intent to Harm Others
Targeted Harm: The harm must be intended for the individual who provoked the action. If inflicted on a third party, this provision may not apply, leading to harsher penalties. - Punishment for Causing Hurt (Subsection 1)
Minor Harm: For non-grievous hurt, the punishment is up to 1 month in prison (rigorous or simple), a fine of up to ₹5,000 or both. - Voluntary Causing Grievous Hurt Due to Provocation (Subsection 2)
Grievous Hurt: In cases of grievous hurt (e.g., fractures, disfigurement, injuries endangering life), the penalty can be up to 5 years imprisonment and a fine of up to ₹10,000. - Provocation as a Mitigating Factor
Mitigating Circumstance: Provocation is considered a mitigating factor, reducing the severity of the punishment compared to similar offenses committed without provocation. It doesn’t excuse the harm, but acknowledges a temporary loss of self-control.
Differences Between Section 122 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 122 of BNS and its equivalent IPC section 334 to 335 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 122 (1) | Voluntarily causing provocation hurt on | 334 | IPC section is included as a subsection in BNS. The fine has increased from five hundred to five thousand rupees. |
| 122 (2) | Voluntarily causing grievous hurt on provocation. | 335 | IPC section is included as a sub-section in BNS sans heading. Imprisonment is increased from four to five years and fine is increased from two thousand to ten thousand rupees |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 122 of the Bharatiya Nyaya Sanhita (BNS)
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