Code: Section 122 BNS
(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.
Explanation of Section 122 BNS
Section 122 of the Bharatiya Nyaya Sanhita (BNS) provides legal provisions for cases where a person voluntarily causes hurt or grievous hurt under the influence of grave and sudden provocation. This section is based on the principle that a person who loses self-control due to extreme provocation should not be punished as severely as one who commits an offense deliberately.
Key Provisions:
- Hurt on Provocation:
- If a person causes hurt due to grave and sudden provocation, the punishment is up to 1 month of imprisonment, a fine up to ₹5,000, or both.
- Grievous Hurt on Provocation:
- If grievous hurt is caused under such circumstances, the punishment can be up to 5 years of imprisonment, a fine up to ₹10,000, or both.
- Limitation on Intent:
- The accused must not have intended to cause harm to anyone other than the person who provoked them.
- Connection with Section 101 BNS:
- The explanation mentions that Exception 1 of Section 101 BNS applies, meaning that if the provocation was sought or voluntarily induced by the accused, they cannot claim protection under this section.
Illustrations
Example 1: Road Rage Incident
A person gets into an argument with another driver, who hurls insults. Enraged, the first person slaps the other driver. Since this was done under grave and sudden provocation, they may be punished with one month of imprisonment or a fine of ₹5,000 under Section 122(1) BNS.
Example 2: A Fight Between Neighbors
During a heated argument, one neighbor insults the other’s family. In anger, the provoked neighbor punches the other person, breaking their nose. This amounts to grievous hurt, and the offender can face up to 5 years in prison or a fine of ₹10,000 under Section 122(2) BNS.
Example 3: Husband and Wife Dispute
A husband insults his wife in front of others, and in a moment of rage, she pushes him, causing a minor injury. Since this was an act of grave and sudden provocation, she may face a mild punishment under Section 122(1) BNS.
Common Questions and Answers on Section 122 BNS
1. What is the primary difference between Sections 121 and 122 BNS?
- Section 121 BNS (Read here) applies when hurt is caused to a public servant.
- Section 122 BNS applies to anyone who causes hurt due to grave and sudden provocation.
2. What qualifies as “grave and sudden provocation”?
- A provocation is considered grave when it is serious enough to cause a reasonable person to lose self-control.
- A provocation is sudden if it happens spontaneously without time for reflection.
3. What if the accused had time to cool down?
If there was a time gap between the provocation and the act of hurt, the law does not consider it “sudden”, and Section 122 BNS may not apply. Instead, regular provisions of voluntarily causing hurt (Section 111 BNS) or grievous hurt (Section 113 BNS) may be applicable.
4. Can a person claim self-defense under Section 122 BNS?
No, self-defense is a separate legal provision under Section 100 BNS. Section 122 BNS only applies to acts done due to sudden provocation, not self-defense situations.
5. Can a person be jailed for a minor slap under this section?
- If the slap was due to grave and sudden provocation, the court may impose a fine instead of jail time under Section 122(1) BNS.
- However, repeated offenses or severe cases may attract stricter punishment.
Conclusion
Section 122 BNS provides a legal safeguard for individuals who lose self-control due to grave and sudden provocation, ensuring proportional punishment rather than severe penalization. However, it does not excuse intentional violence or premeditated attacks.
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