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.
IPC Section 334 in BNS: Section 122
Voluntarily causing hurt on provocation
Section 334 of the Indian Penal Code, 1860 (Voluntarily causing hurt on provocation) corresponds to Section 122 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 122(1) is non-cognizable, bailable, triable by Any Magistrate; punishment: Imprisonment for 1 month, or fine of 5,000 rupees, or both.
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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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 122
Full BNS Section 122 and every IPC section it replaced →
Other IPC sections now in BNS 122
- IPC 335: Voluntarily causing grievous hurt on provocation → BNS 122(2)
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