122
122
Voluntarily causing hurt or grievous hurt on provocation
Bharatiya Nyaya Sanhita, 2023
Chapter VI Of Offences Affecting The Human Body
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsAssaultProvocationViolenceMinor
🗣️ Simple Explanation
What does this law say?
Section 122 of the BNS talks about hurting someone because they provoked you. If someone provokes you and you hurt them, the punishment is less severe.
Why does this law exist?
This law considers that sometimes, people act out of anger. It acknowledges that provocation can lead to a loss of control.
Real-life impact
Imagine someone insults you badly, and you push them. This law might apply. It considers the heat of the moment.
What happens if you break this law?
If you cause minor hurt, you could be jailed for up to one month or pay a fine. If you cause serious harm, you could be jailed for up to 5 years, or pay a fine. Police can arrest without warrant.
⚖️ Punishment
Imprisonment up to 5 years, or fine, or both.
💡 Real Life Example
Priya gets into a heated argument and slaps Sneha. If Priya was provoked, she might face a lighter sentence. Rahul, after being insulted, punches Amit, causing a black eye. Rahul could face jail time and a fine.
🛡️ KNOW YOUR RIGHTS
- •Document the provocation with witnesses or evidence.
- •Seek legal counsel to understand your rights.
- •Explain the situation to the police calmly.
- •Remember, you have the right to legal aid (Article 39A).
❓ FREQUENTLY ASKED QUESTIONS
Section 122 of BNS deals with causing hurt or grievous hurt when provoked. This section replaces the old Section 334 and 335 of the IPC. It acknowledges that provocation can reduce the severity of the crime. The punishment depends on the level of hurt caused. It aims to consider the emotional state of the person.
Yes, this is a bailable offense. The punishment is less severe because of the provocation. The police can arrest you without a warrant, but you can get bail. The court will consider the circumstances of the provocation when deciding the punishment.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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