BNS Section 122: Voluntarily causing hurt or grievous hurt on provocation (formerly IPC 334 and IPC 335)
Bharatiya Nyaya Sanhita, 2023 · in force from 1 July 2024
BNS 122: Voluntarily causing hurt or grievous hurt on provocation
From 1 July 2024
(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.
What it replaced in the IPC
BNS 122(1) ← IPC 334 · Voluntarily causing hurt on provocationChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: IPC section is included as a subsection in BNS. Fine is increased from five hundred to five thousand rupees
Printed in both official correspondence tables (BPR&D and NCRB).
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.
BNS 122(2) ← IPC 335 · Voluntarily causing grievous hurt on provocationChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: IPC section is included as a sub-section in BNS sans heading. Imprisonment is increased from four to five years and fine is increased from two thousand to ten thousand rupees.
Printed in both official correspondence tables (BPR&D and NCRB).
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 four years, or with fine which may extend to two thousand rupees, or with both.
Explanation.—The last two sections are subject to the same provisos as Exception 1, section 300.
Which one applies
An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.
Read BNS section 358 →Judgments decided under IPC 334
They remain the law on IPC 334. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nyaya Sanhita, 2023 to the Indian Penal Code, 1860, Bureau of Police Research & Development, Ministry of Home Affairs, page 14.
- Bharatiya Nyaya Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 37.
- The Indian Penal Code, 1860 (Act 45 of 1860), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.