Bharatiya Nyaya Sanhita, 2023
BNS Section 122
Voluntarily causing hurt or grievous hurt on provocation
In one line
BNS Section 122 deals with voluntarily causing hurt or grievous hurt on provocation and replaces IPC 334 (now 122(1)), IPC 335 (now 122(2)).
Punishment, bail and court
| 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: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 122
122. 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 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.
What changed from the IPC
- IPC 334 → BNS 122(1): IPC section is included as a subsection in BNS.
- IPC 334 → BNS 122(1): Fine is increased from five hundred to five thousand rupees.
- IPC 335 → BNS 122(2): IPC section is included as a sub-section in BNS sans heading.
- IPC 335 → BNS 122(2): Imprisonment is increased from four to five years and fine is increased from two thousand to ten thousand rupees.
Frequently asked
What was BNS Section 122 in the IPC?
BNS Section 122 (Voluntarily causing hurt or grievous hurt on provocation) replaces Sections 334, 335 of the Indian Penal Code, 1860. IPC 334 is now BNS 122(1). IPC 335 is now BNS 122(2).
What is the punishment under BNS 122(1)?
Voluntarily causing hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 122(2)?
Causing grievous hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
Is BNS 122 bailable?
Bailable: BNS 122(1), 122(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 117 — Voluntarily causing grievous hurt
- BNS 118 — Voluntarily causing hurt or grievous hurt by dangerous weapons or means
- BNS 119 — Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
- BNS 120 — Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property
- BNS 121 — Voluntarily causing hurt or grievous hurt to deter public servant from his duty
- BNS 123 — Causing hurt by means of poison, etc., with intent to commit an offence
- BNS 124 — Voluntarily causing grievous hurt by use of acid, etc
- BNS 125 — Act endangering life or personal safety of others
- BNS 126 — Wrongful restraint
- BNS 127 — Wrongful confinement