SECTION 122 BNS - Bharatiya Nyaya Sanhita 2023

(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 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 provision as Exception 1, section 99.

Key Points:
Voluntary Causing of Hurt on Provocation:
This section addresses situations where a person causes hurt to another due to grave and sudden provocation.
The act of causing harm must be a voluntary act, meaning it is done intentionally or knowingly in reaction to the provocation.

Grave and Sudden Provocation:
The provocation must be both grave (serious in nature) and sudden, implying that the person had no time to calm down or think rationally before reacting.
The law recognizes human frailty in moments of extreme emotional stress, hence offering a partial defence to the accused.

No Intent to Harm Others:
A key element of this provision is that the person causing the hurt must not have intended or known that their actions would cause harm to anyone other than the person who gave the provocation.
If the harm is caused to a third party, the provision may not apply, or the accused may face stricter penalties.

Punishment for Causing Hurt (Subsection 1):
If the hurt caused is not severe (i.e., it does not constitute grievous hurt), the punishment is imprisonment of either description (rigorous or simple) for a term up to one month.
Alternatively, the offender may be fined up to five thousand rupees, or both imprisonment and fine may be imposed.

Voluntarily Causing Grievous Hurt on Provocation (Subsection 2):
If the harm caused is more serious and amounts to grievous hurt, the penalties are more severe.
Grievous hurt, as defined under Section 114 BNS, includes injuries such as fractures, disfigurement, or any hurt that endangers life or causes severe bodily pain for 15 days.
In such cases, the offender can be sentenced to imprisonment of either description for a term up to five years, along with a fine of up to ten thousand rupees.

Provocation as a Mitigating Factor:
The law treats provocation as a mitigating factor in cases of hurt and grievous hurt. While it does not justify the harm caused, it recognizes that the provocation might have led to a temporary loss of self-control.
This is why the punishments under Section 122 are comparatively lighter than for similar offences committed without provocation.

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