Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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.
Brief Detail
BNS Section 122 deals with the offence of causing hurt or grievous hurt in response to grave and sudden provocation. If a person causes hurt or grievous hurt without intending to harm anyone other than the provoker, the punishment is relatively lighter. For hurt, the imprisonment term can be up to one month and/or a fine. For grievous hurt, the imprisonment term can extend up to five years and/or a fine.
Question & Answers
Q1: What is the punishment for causing hurt on provocation under BNS Section 122?
A1: The punishment for causing hurt on grave and sudden provocation can be imprisonment for up to one month and/or a fine up to five thousand rupees.
Q2: What is the penalty for causing grievous hurt on provocation?
A2: Causing grievous hurt on provocation can result in imprisonment for up to five years and/or a fine up to ten thousand rupees.
Q3: Does this section apply if the hurt is caused to someone other than the person who provoked?
A3: No, this section applies only if the hurt or grievous hurt is caused to the person who gave the provocation. It does not apply if the harm is inflicted on someone else.
Q4: Is there an exception to this section?
A4: Yes, this section is subject to the proviso similar to Exception 1 of Section 101, which deals with the context of provocation.
Example
Scenario 1: If Person A, provoked severely and suddenly by Person B, causes minor injury only to Person B, Person A could be punished with up to one month of imprisonment or a fine, or both.
Scenario 2: If Person A, in response to grave and sudden provocation by Person B, causes serious injury to Person B, the punishment could be imprisonment for up to five years or a fine, or both.
Summary
BNS Section 122 addresses the offence of causing hurt or grievous hurt in response to grave and sudden provocation. The section provides lighter penalties for causing hurt and more severe penalties for causing grievous hurt, provided that the harm is directed at the person who provoked the offender. This section follows the same proviso as Exception 1 of Section 101.
