Introduction of BNS Section 122
BNS Section 122 focuses on the act of voluntarily causing hurt or grievous hurt in situations of grave and sudden provocation. It outlines the legal consequences for those who, due to provocation, cause harm without the intention of hurting anyone other than the person who provoked them.
The Bharatiya Nyaya Sanhita (BNS) Section 122 replaces the old Indian Penal Code (IPC) Section 334.
- Introduction of BNS Section 122
- What is section 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
- BNS Section 122 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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 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.
Bharatiya Nyaya Sanhita Section 122
| Section | Type of Hurt | Punishment | Cognizable/Non-Cognizable | Bailable/Non-Bailable | Court |
|---|---|---|---|---|---|
| 122(1) | Hurt on Provocation | Imprisonment up to 1 month, or fine up to ₹5,000, or both | Non-Cognizable | Bailable | Any Magistrate |
| 122(2) | Grievous Hurt on Provocation | Imprisonment up to 5 years, or fine up to ₹10,000, or both | Cognizable | Bailable | Magistrate 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.
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