Section 334 IPC: Voluntarily causing hurt on provocation
Indian Penal Code, 1860
Section 334 IPC at a Glance
Section 334 IPC deals with voluntarily causing hurt on provocation. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 122(1) BNS.
Imprisonment of either description for a term which may extend to one month, or fine, or both.
Section 334 IPC Bare Act Text
334. Voluntarily causing hurt on provocation
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 hundred rupees, or with both.
Source: Section 334, Indian Penal Code, 1860
Section 334 IPC in Simple Words
Section 334 of the Indian Penal Code (IPC) punishes voluntarily causing hurt on grave and sudden provocation, provided the offender neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation.
The punishment is imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
The offence is non-cognizable, bailable, triable by any Magistrate, and compoundable under Section 320(1) CrPC by the person to whom the hurt is caused.
Ingredients of Section 334 IPC
- The accused voluntarily caused hurt to another person
- The hurt was caused on grave and sudden provocation
- The accused neither intended nor knew himself to be likely to cause hurt to any person other than the person who gave the provocation
- The provocation was not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person
- The provocation was not given by anything 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 not given by anything done in the lawful exercise of the right of private defence
Punishment Under Section 334 IPC
Imprisonment of either description for a term which may extend to one month, or fine, or both.
Fine which may extend to five hundred rupees, alone or with imprisonment.
Voluntarily causing hurt on grave and sudden provocation is punishable with imprisonment of either description for up to one month, or with fine of up to five hundred rupees, or with both.
Example of Section 334 IPC
When Section 334 IPC Does Not Apply
- The offender causes hurt deliberately after a cooling-off period rather than under grave and sudden provocation.
- The offender intends or knows that his act is likely to hurt an innocent bystander other than the person who provoked him.
- The offender intentionally courted or provoked the confrontation as a pretext to assault the other person.
- The alleged provocation arose from an act done in obedience to law, by a public servant lawfully exercising official powers, or by a person lawfully exercising the right of private defence.
- The injury inflicted on the provoker amounts to grievous hurt rather than simple hurt.
Section 334 IPC in the BNS
Section 334 IPC is now covered under 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.
View detailed comparison (IPC 334 vs BNS 122(1)) →FAQs on Section 334 IPC
What offence does Section 334 IPC punish?▼
Section 334 IPC punishes voluntarily causing hurt on grave and sudden provocation, provided the offender neither intends nor knows himself to be likely to hurt any person other than the person who gave the provocation.
What is the punishment under Section 334 IPC?▼
Section 334 IPC prescribes imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Is Section 334 IPC cognizable or non-cognizable?▼
Under the First Schedule to the CrPC, Section 334 IPC is non-cognizable, so the police cannot investigate without an order from a Magistrate under Section 155(2) CrPC.
Is Section 334 IPC bailable?▼
Yes, Section 334 IPC is classified as bailable under the First Schedule to the CrPC.
Which court tries an offence under Section 334 IPC?▼
Under the First Schedule to the CrPC, an offence under Section 334 IPC is triable by any Magistrate.
Can an offence under Section 334 IPC be compounded?▼
Yes, an offence under Section 334 IPC is compoundable under Section 320(1) CrPC without permission of the court by the person to whom the hurt is caused.
What provisos limit the plea of provocation under Section 334 IPC?▼
The provocation must not be sought or voluntarily provoked as an excuse, must not be given by anything done in obedience to law or by a public servant in lawful exercise of powers, and must not be given by anything done in lawful private defence.
How does Section 334 IPC differ from Section 335 IPC?▼
Section 334 IPC applies where simple hurt is caused on grave and sudden provocation and carries up to one month imprisonment, whereas Section 335 IPC applies where grievous hurt is caused on provocation and carries up to four years imprisonment.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·