Voluntarily causing hurt or grievous hurt on provocation
What this section does
Provides a mitigated punishment for voluntarily causing hurt or grievous hurt when the act is committed on grave and sudden provocation, provided the accused neither intended nor knew themselves likely to hurt anyone other than the provoker. The section is subject to the same proviso as Exception 1 of section 101.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- S.122(1) – Hurt on provocation: imprisonment of either description up to 1 month, or fine up to ₹5,000, or both. S.122(2) – Grievous hurt on provocation: imprisonment of either description up to 5 years, or fine up to ₹10,000, or both.
- Triable by
- Any Magistrate
- Cognizable
- Depends
- Bailable
- Yes
- Compoundable
- Depends
Ingredients (what prosecution must prove)
- Accused voluntarily caused hurt (s.122(1)) or grievous hurt (s.122(2))
- The act was done on grave and sudden provocation
- Accused neither intended nor knew themselves likely to cause hurt/grievous hurt to any person other than the person who gave the provocation
Practitioner note
This section operates as a lesser-punishment provision where provocation is established. It is expressly subject to the same proviso as Exception 1 of section 101 of the BNS.
Derived from IPC s.334 and s.335.
Read the official text
For the binding statutory text of BNS Section 122, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 122 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.