122. (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.
BNS Section 122: Voluntarily causing hurt or grievous hurt on provocation
Section 122 of the Bharatiya Nyaya Sanhita, 2023 deals with voluntarily causing hurt or grievous hurt on provocation. It replaces IPC 334, IPC 335 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 122(1) is non-cognizable and bailable; 122(2) is cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 122(1) | Voluntarily causing hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation. | Imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable | Bailable | Any Magistrate |
| 122(2) | Causing grievous hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation. | Imprisonment for 5 years, or fine of 10,000 rupees, or both. | Cognizable | Bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 122
IPC sections replaced
- IPC 334: Voluntarily causing hurt on provocation
- IPC 335: Voluntarily causing grievous hurt on provocation → BNS 122(2)
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