BNS Section 122 – Voluntarily causing hurt or grievous hurt on provocation

IPC Section – 334 – 335

Voluntarily causing hurt or grievous hurt on provocation

(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 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 provision as Exception 1, section 99.

Voluntary Causing of Hurt or Grievous Hurt on Provocation

1. What is Voluntary Causing of Hurt on Provocation?

• This law applies when someone causes hurt to another person because of grave and sudden provocation.
• The act of causing harm must be voluntary, meaning it is done intentionally or knowingly in response to the provocation.
• The provocation must be serious (grave) and sudden, leaving no time for the person to calm down or think rationally.

2. Key Elements of the Law

• Grave and Sudden Provocation:
  The provocation must be serious and happen suddenly, causing the person to react immediately without time to control their emotions.
• No Intent to Harm Others:
  The person causing the hurt must not intend or know that their actions will harm anyone other than the person who provoked them. If a third party is harmed, this provision may not apply, and stricter penalties may be imposed.

3. Punishment for Causing Hurt (Non-Severe Hurt)

• Offence: Voluntarily causing hurt on grave and sudden provocation, without intending to harm anyone other than the person who provoked.
• Punishment:
  • Jail for up to 1 month, or
  • A fine of up to 5,000 rupees, or
  • Both jail and fine.
• Type of Offence:
  • Non-cognizable: Police cannot arrest without a warrant.
  • Bailable: The accused can claim bail as a right.
• Court: The case will be tried by any Magistrate.

4. Punishment for Causing Grievous Hurt (Severe Hurt)

• Offence: Voluntarily causing grievous hurt on grave and sudden provocation, without intending to harm anyone other than the person who provoked.
• Grievous Hurt: Includes serious injuries like fractures, permanent disfigurement, or injuries that endanger life or cause severe pain for 15 days.
• Punishment:
  • Jail for up to 5 years, or
  • A fine of up to 10,000 rupees, or
  • Both jail and fine.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Bailable: The accused can claim bail as a right.
• Court: The case will be tried by a Magistrate of the first class.

5. Provocation as a Mitigating Factor

• Provocation is considered a mitigating factor in cases of hurt and grievous hurt.
• While it does not justify the harm caused, the law recognizes that provocation can lead to a temporary loss of self-control.
• This is why the punishments under this section are lighter compared to similar offences committed without provocation.

Summary of Offences and Punishments