Section 122 BNS: Voluntarily causing hurt or grievous hurt on provocation

Bharatiya Nyaya Sanhita, 2023

Section 122 BNS at a Glance

Section 122 BNS deals with voluntarily causing hurt or grievous hurt on provocation. It is bailable; it replaced Sections 334 and 335 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to one month under both codes.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ
IPC Equivalent

Section 334 →

Section 122 BNS Bare Act Text

(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.

Source: Section 122, Bharatiya Nyaya Sanhita, 2023

Section 122 BNS in the IPC (Previous Law)

Section 122 BNS replaced Sections 334 and 335 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 122 BNS

What is the difference between Section 122(1) BNS and ordinary hurt?▼

Ordinary hurt is covered by the general hurt provisions, but this section applies when the hurt is caused immediately after sudden provocation. The law treats the reaction more leniently because the accused did not act after cooling off.

Can Section 122(1) BNS apply if there was a gap of time before the act?▼

Usually no. If there was enough time to calm down, think, or retaliate later, the benefit of this section may not be available. Courts look closely at the timing and surrounding facts.

Is the offence under Section 122(1) BNS bailable?▼

Yes, it is generally bailable. That means the accused can usually seek bail as a matter of right, subject to the court's procedure.

Under Section 122(1) BNS, can the case be settled between the parties?▼

Yes, it is compoundable. In simple terms, the parties can compromise the matter with the court's permission, subject to the legal rules in force.

Under Section 122(2) BNS, does sudden anger automatically reduce the offence?▼

No. The court will see whether the provocation was both sudden and grave, and whether the reaction was immediate. Ordinary anger, frustration, or a delayed revenge response will not help the accused.

Is Section 122(2) BNS the same as self-defence?▼

No. Self-defence is a separate legal defence and has its own limits. Section 122(2) BNS is about grievous hurt caused on provocation, not about protecting oneself from an attack.

What kind of injury counts as grievous hurt under Section 122(2) BNS?▼

The injury must fall within the legal definition of grievous hurt, such as serious bodily harm, permanent impairment, or severe injury listed in the law. A minor injury will not attract this section.

Can the police arrest without a warrant under Section 122(2) BNS?▼

Yes. The offence is cognizable, so the police can arrest without a warrant. It is also bailable, so the accused is entitled to bail.

Section 122 BNS: Sub-sections Explained

Section 122(1) BNS: Voluntarily causing hurt on provocation

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Bare Act Text

(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.

Explained in Simple Words

Section 122 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with hurt caused in the heat of sudden provocation. It applies where a person causes hurt, but does so immediately after being provoked, without taking time to cool down. The law recognises that human reaction can be impulsive, so the punishment is lighter than for ordinary hurt cases.

This section is often used where there is a sudden quarrel, insult, or offensive act, and the accused reacts at once. The key point is the absence of premeditation. If the person had time to calm down or acted with a planned intention, this section will not help.

In practice, it is relevant in neighbourhood fights, workplace disputes, family altercations, and similar situations where tempers flare quickly. It can affect bail, sentencing, and the overall strategy in a criminal case.

Key Ingredients

  • Voluntarily causing hurt on grave and sudden provocation
  • Neither intending nor knowing oneself to be likely to cause hurt to any person other than the person who gave the provocation

Punishment

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to one month under both codes.

💰 Fine which may extend to five hundred rupees under the Indian Penal Code, or five thousand rupees under the Bharatiya Nyaya Sanhita.

Voluntarily causing hurt on grave and sudden provocation carries imprisonment of either description for up to one month, or fine of up to five thousand rupees, or both. The offence is non-cognizable, bailable, triable by any Magistrate, and compoundable without court permission by the person to whom the hurt is caused.

Real-World Example

At an agricultural grain market in Kota, Harish hurled abusive insults at Mohan and slapped him across the face without warning. In the immediate heat of the moment, Mohan reacted to the grave and sudden provocation and struck Harish once on the shoulder with his fist, causing pain and bruising. Mohan did not strike anyone else and neither intended nor knew himself to be likely to cause hurt to any bystander. The provocation had not been sought by Mohan, had not been given in obedience to law or by a public servant, and did not arise from private defence. Mohan is punishable under Section 122(1) BNS.

When This Does Not Apply

  • The accused did not voluntarily cause hurt
  • The hurt was not caused on grave and sudden provocation
  • The accused intended or knew himself to be likely to cause hurt to any person other than the person who gave the provocation
  • The provocation was sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person
  • The provocation was given by something done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant
  • The provocation was given by something done in the lawful exercise of the right of private defence

Previous Law

IPC 334 → Section 122(1) BNS

Section 334 IPC is succeeded by Section 122(1) BNS. Under the Bharatiya Nyaya Sanhita, hurt and grievous hurt on provocation are consolidated in Section 122(1) BNS, with simple hurt placed in sub-section 1. The maximum fine is increased from five hundred rupees under Section 334 IPC to five thousand rupees under Section 122(1) BNS. The maximum term of imprisonment remains one month, and the substantive ingredients of the offence are unchanged.

Section 122(2) BNS: Voluntarily causing grievous hurt on provocation

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Bare Act Text

(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.

Explained in Simple Words

Section 122 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a specific situation where a person causes grievous hurt, but does so because of sudden and grave provocation. The law recognises that a serious provocation can affect a person’s self-control, but it does not excuse every violent response. The hurt must be grievous, and the act must be directly linked to the provocation received.

This section applies when the accused did not act with a pre-planned intention to cause such serious injury, but reacted immediately to a provoking act or situation. In practice, this section is often examined in cases where tempers flare and a violent response follows a sudden insult, assault, or other serious provocation. The court will look closely at the facts, the nature of the provocation, and whether the response was proportionate or went beyond what the law can excuse.

Key Ingredients

  • Voluntarily causing grievous hurt on grave and sudden provocation
  • Neither intending nor knowing oneself to be likely to cause grievous hurt to any person other than the person who gave the provocation
  • The provocation is subject to the provisos to Exception 1 of Section 101 BNS

Punishment

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to four years under the Bharatiya Nyaya Sanhita; imprisonment of either description for a term which may extend to five years under the Bharatiya Nyaya Sanhita.

💰 Fine which may extend to two thousand rupees under the Indian Penal Code, or ten thousand rupees under the Bharatiya Nyaya Sanhita.

Voluntarily causing grievous hurt on grave and sudden provocation carries imprisonment of either description for up to five years, or fine of up to ten thousand rupees, or both. The offence is cognizable, bailable, triable by a Magistrate of the first class, and compoundable without court permission by the person to whom the hurt is caused.

Real-World Example

At an open market in Gwalior, Naresh confronted Alok over an agricultural dispute, suddenly spitting upon him and slapping him with extreme force. In that immediate instant of grave and sudden provocation, Alok grabbed a wooden timber staff lying nearby and struck Naresh across the forearm, fracturing the bone. Alok did not strike any other person and neither intended nor knew himself to be likely to cause grievous hurt to any bystander. The provocation had not been sought by Alok as an excuse, had not been given in obedience to law or by a public servant, and did not arise from private defence. Alok is punishable under Section 122(2) BNS.

When This Does Not Apply

  • The accused did not voluntarily cause grievous hurt
  • The grievous hurt was not caused on grave and sudden provocation
  • The accused intended or knew himself to be likely to cause grievous hurt to any person other than the person who gave the provocation
  • The provocation was sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person
  • The provocation was given by something done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant
  • The provocation was given by something done in the lawful exercise of the right of private defence

Previous Law

IPC 335 → Section 122(2) BNS

Section 335 IPC is succeeded by Section 122(2) BNS. Under the Bharatiya Nyaya Sanhita, hurt and grievous hurt on provocation are consolidated in Section 122(2) BNS, with grievous hurt placed in sub-section 2. The maximum imprisonment term increases from four years under Section 335 IPC to five years under Section 122(2) BNS, and the maximum fine rises from two thousand rupees to ten thousand rupees. The statutory Explanation updates the cross-reference from Exception 1 of Section 300 IPC to Exception 1 of Section 101 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·