Introduction of BNS Section 122
Anger and provocation often lead people to act without thinking. But what happens when such reactions cause injury? Section 122 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses this exact situation. It deals with cases where a person, under grave and sudden provocation, causes hurt or grievous hurt to another. The law recognizes that provocation can trigger impulsive actions, but it also ensures accountability. Section 122 provides lighter punishments than ordinary hurt laws, while still distinguishing between minor and grievous injuries. By replacing IPC Sections 334 and 335, this provision brings updated penalties and clarity to India’s criminal law framework.
The Bharatiya Nyaya Sanhita (BNS) Section 122 replaces the old Indian Penal Code (IPC) Section 334 &335.
- Introduction of BNS Section 122
- What is section BNS Section 122 ?
- Bare Act – BNS Section 122
- BNS 122 in Simple Points
- Section 122 BNS Overview
- BNS 122 Punishment
- BNS 122 bailable or not ?
- Bharatiya Nyaya Sanhita Section 122
- Comparison Table: BNS Section 122 vs IPC
- BNS Section 122 FAQs
- Conclusion
- Need Legal Support?
What is section BNS Section 122 ?
BNS Section 122 addresses the voluntary act of causing hurt or grievous hurt due to sudden and intense provocation. It states that the punishment depends on the severity of the harm caused and whether the individual intended to hurt someone other than the provocateur.
BNS Act – BNS Section 122
(1) Whoever, on account of grave and sudden provocation, voluntarily causes hurt to any person (without intending or knowing it to cause harm to anyone other than the person who provoked), shall be punished with imprisonment up to 1 month, or fine up to ₹5,000, or both.
(2) Whoever, under the same circumstances of grave and sudden provocation, voluntarily causes grievous hurt, shall be punished with imprisonment up to 5 years, or fine up to ₹10,000, or both.
This section is linked with Exception 1 of Section 101 BNS (which deals with acts committed under sudden and grave provocation).
Section 122 deals with situations where someone loses control due to sudden provocation and causes hurt or grievous hurt.
- The provocation must be grave and immediate, not something minor or planned in advance.
- The person causing hurt must not have intended or known that their actions would harm anyone other than the provocateur.
- The law provides lighter punishment compared to ordinary hurt/grievous hurt offences, because the act is seen as a reaction to intense provocation rather than premeditated violence.
In short: Ordinary hurt under provocation = light punishment; Grievous hurt under provocation = heavier punishment (up to 5 years).
Key Elements of Section 122
- Grave and sudden provocation → The reaction must come immediately, without time to cool off.
- No broader intent → The accused must not intend to harm anyone other than the provocateur.
- Two levels of injury →
- Hurt (minor injuries) → Punishable up to 1 month or ₹5,000 fine.
- Grievous hurt (serious injury) → Punishable up to 5 years or ₹10,000 fine.
- Cognizability →
- Minor hurt = Non-cognizable (police need a warrant).
- Grievous hurt = Cognizable (police can arrest without a warrant).
- Bailability → Both categories are bailable.
- Trial → Minor hurt can be tried by any Magistrate, while grievous hurt cases are handled by a Magistrate of the First Class.
Examples of BNS Section 122
- Example 1 (Hurt on provocation – 122(1)):
During a heated argument, B insults A in a grave and sudden manner. A slaps B in anger, causing minor injury. → Punishable under 122(1) with up to 1 month imprisonment or fine. - Example 2 (Grievous hurt on provocation – 122(2)):
A is provoked by an immediate and severe insult from B. In anger, A strikes B with a stick, breaking B’s arm. → Punishable under 122(2) with up to 5 years imprisonment.
Why Section 122 is Important
- Recognizes human emotions and limitations – people may react impulsively to grave provocation.
- Provides lighter punishments compared to ordinary hurt laws, balancing justice with fairness.
- Differentiates between ordinary hurt and grievous hurt, ensuring proportionate penalties.
- Connects with Section 101 BNS Exception 1, treating provocation as a mitigating factor.
BNS 122 in Simple Points
BNS Section 122(1): 5 Key Points Explained
- Nature of Provocation: This subsection addresses cases where the hurt is caused due to grave and sudden provocation. It implies that the provocation must be significant and immediate, triggering a reaction from the person causing the hurt.
- Intent and Knowledge: The section specifies that the person causing the hurt should not have intended or known that their actions could harm anyone other than the provocateur. This means that the action taken should be a direct response to the provocation, without premeditated intent to cause broader harm.
- Punishment for Minor Hurt: The punishment under this subsection can be imprisonment for up to one month or a fine of up to ₹5,000, or both. This reflects the less severe nature of the offense compared to causing grievous hurt.
- Classification of the Offense: The offense of causing hurt on grave provocation is categorized as non-cognizable, meaning police cannot arrest without a warrant. It is also bailable and can be tried by any magistrate.
- Magistrate’s Authority: Since it is non-cognizable and bailable, any magistrate has the authority to handle cases under this subsection. This makes it easier for the accused to secure bail and for the case to be heard by a magistrate.
BNS Section 122(2): 5 Key Points Explained
- Nature of Provocation: This subsection covers cases where grievous hurt is inflicted due to grave and sudden provocation. The provocation must be severe enough to warrant a response resulting in serious injury.
- Intent and Knowledge: Similar to subsection (1), the person causing grievous hurt must not have intended or known that their actions could result in grievous harm to anyone other than the provocateur. This emphasizes the reactive nature of the offense.
- Punishment for Grievous Hurt: The punishment for causing grievous hurt under this subsection is more severe, with imprisonment ranging from one year to five years or a fine up to ₹10,000, or both. This reflects the seriousness of causing grievous harm.
- Classification of the Offense: The offense is cognizable, meaning the police can arrest the accused without a warrant. It is also bailable and can be tried by a magistrate of the first class.
- Magistrate’s Authority: For grievous hurt cases, the trial must be conducted by a magistrate of the first class, who has the authority to impose more severe penalties.
Section 122 BNS Overview
BNS Section 122 defines the punishment for causing hurt or grievous hurt in situations where the harm was provoked by a grave and sudden trigger. The section makes a distinction based on the intensity of the provocation and the nature of the hurt inflicted.
Section 122 BNS Overview :10 Key Points
- Grave Provocation: The section applies when someone is provoked suddenly and intensely, leading to an emotional response that results in harm.
- No Intent to Harm Others: The offender must not have the intention or knowledge that their actions would harm anyone other than the provocateur.
- Mild Punishment for Minor Hurt: If the hurt caused is not grievous, the punishment is lighter—imprisonment of up to one month or a fine up to ₹5,000.
- Severe Punishment for Grievous Hurt: If grievous harm is caused, the punishment increases significantly—imprisonment up to five years or a fine up to ₹10,000.
- Bailable Offense: Both categories of hurt (simple and grievous) are bailable offenses.
- Non-Cognizable for Minor Hurt: For minor hurt, the offense is non-cognizable, meaning the police cannot arrest without a warrant.
- Cognizable for Grievous Hurt: For grievous hurt, the offense is cognizable, allowing the police to arrest without a warrant.
- Magistrate’s Jurisdiction: Minor hurt can be tried by any magistrate, while grievous hurt is handled by a magistrate of the first class.
- Compoundable Offense: The offense can be settled between the parties with the permission of the court.
- Subject to Section 101: The explanation refers to Exception 1 of Section 101, which deals with sudden provocation as a mitigating factor in cases of harm.
Examples of BNS Section 122
- Example 1: If a person, due to a sudden and severe argument, hits another individual, causing them minor injuries, they may be punished under Section 122(1) with imprisonment for up to one month or a fine of up to ₹5,000, or both.
- Example 2: If a person, provoked by a serious and immediate insult, causes severe injury to the provocateur, they could be punished under Section 122(2) with imprisonment for a term of one year to five years, or a fine up to ₹10,000, or both.
BNS 122 Punishment
- For Minor Hurt: Imprisonment can be up to 1 month or a fine of up to ₹5,000, or both, depending on the circumstances.
- For Grievous Hurt: Imprisonment can extend to 5 years or a fine of up to ₹10,000, or both, based on the severity of the provocation and harm caused.
BNS 122 bailable or not ?
Minor Hurt (Section 122(1)): The offense is bailable and non-cognizable.
Grievous Hurt (Section 122(2)): The offense is bailable but cognizable.
Comparison Table: BNS Section 122 vs IPC
| Law Section | Offense | Punishment | Cognizable / Bailable | Trial By |
|---|---|---|---|---|
| BNS 122(1) | Hurt on grave & sudden provocation. | Up to 1 month jail or ₹5,000 fine or both. | Non-cognizable / Bailable | Any Magistrate |
| BNS 122(2) | Grievous hurt on grave & sudden provocation. | Up to 5 years jail or ₹10,000 fine or both. | Cognizable / Bailable | Magistrate of First Class |
| IPC 334 | Hurt on grave & sudden provocation. | Up to 1 month jail or fine or both. | Non-cognizable / Bailable | Any Magistrate |
| IPC 335 | Grievous hurt on grave & sudden provocation. | Up to 4 years jail or fine or both. | Cognizable / Bailable | Magistrate of First Class |
BNS Section 122 FAQs
What is the punishment for voluntarily causing hurt under Section 122(1)?
The punishment is imprisonment for up to 1 month, or a fine of up to ₹5,000, or both.
What happens if grievous hurt is caused under Section 122(2)?
The punishment is imprisonment for up to 5 years, or a fine of up to ₹10,000, or both.
Is BNS Section 122 bailable?
Yes, both types of offenses (hurt and grievous hurt) under Section 122 are bailable.
Can the police arrest someone for minor hurt under Section 122 without a warrant?
No, the offense is non-cognizable, so the police need a warrant for arrest in minor hurt cases.
Conclusion
Section 122 of the BNS strikes a balance between justice and human nature. It acknowledges that people may react emotionally to sudden and grave provocation, but it still holds them legally accountable. For minor hurt, the punishment is light, while for grievous hurt, the law prescribes stricter consequences of up to 5 years imprisonment.
By updating the older IPC provisions with higher fines and clearer punishments, this section ensures that the law remains fair yet firm. It protects society by discouraging violence, while also recognizing provocation as a mitigating factor in sentencing.
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Finished with BNS 122 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS Section 123 : Causing hurt by means of poison, etc , with intent to commit an offence .
- https://marriagesolution.in/bns_section/bns-section-123/
- BNS Section 124 : Voluntarily causing grievous hurt by use of acid, etc .
- https://marriagesolution.in/bns_section/bns-section-124/
- 125 BNS :Act endangering life or personal safety of others.
- https://marriagesolution.in/bns_section/125-bns/
- BNS 126 : Wrongful restraint .
- https://marriagesolution.in/bns_section/bns-126/
- 127 BNS : Wrongful confinement .
- https://marriagesolution.in/bns_section/127-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list