Section 122 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 122 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of voluntarily causing hurt or grievous hurt on provocation. It provides a legal framework for situations where an individual, upon receiving grave and sudden provocation, causes harm to another person. This section aims to balance the need for personal accountability with the recognition of human emotional responses to provocation.
📜 Section 122 — Voluntarily Causing Hurt or Grievous Hurt on Provocation
(1) Causing Hurt
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: Up to one month
Fine: Up to ₹5,000
(2) Causing Grievous Hurt
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: Up to five years
Fine: Up to ₹10,000
Both
Explanation
This section is subject to the same proviso as Exception 1 of Section 101 of the BNS, 2023. This exception allows for a reduction in liability if the act was committed under grave and sudden provocation and without premeditation
⚖️ Comparison with Indian Penal Code (IPC)
Section 122 of the BNS, 2023, corresponds to Sections 334 and 335 of the Indian Penal Code (IPC), 1860. Both the BNS and the IPC recognize the concept of provocation as a mitigating factor in cases of causing hurt or grievous hurt. The BNS, however, provides more specific penalties and emphasizes the absence of intent or knowledge to cause harm to someone other than the person who gave the provocation.
🧭 Illustrative Example
Scenario: A person is verbally insulted by another individual in a public setting. In a moment of anger, the insulted person strikes the individual who insulted them, causing minor injury.
Application of Section 122:
The injury caused is considered "hurt" under the BNS.
The provocation was grave and sudden, leading to a spontaneous reaction.
The individual did not intend to cause harm to anyone other than the person who provoked them
Punishment:
The individual may be punished with imprisonment of up to one month, a fine of up to ₹5,000, or both.
Section 122 of the BNS, 2023, acknowledges human emotional responses to provocation while maintaining legal accountability for actions that cause harm. It provides a structured approach to addressing offenses where provocation plays a significant role in the commission of the act.
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