Bharatiya Nyaya Sanhita, 2023
Section 122
Voluntarily causing hurt or grievous hurt on provocation
(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.
Why this exists
Indian criminal law has long recognized that a person who reacts violently to a sudden and grave provocation is less blameworthy than someone who acts with cold premeditation. This idea, inherited from the British-era Indian Penal Code (Sections 334 and 335), was carried forward into the Bharatiya Nyaya Sanhita, 2023 as Section 122. It gives courts a lighter sentencing option when hurt or grievous hurt happens in a sudden burst of anger caused by serious provocation, rather than as a calculated act.
How courts read it
Courts have historically treated the 'grave and sudden provocation' exception (as under the old Section 335 IPC and the murder exception in Section 300 IPC) narrowly. They look at whether the provocation would make a reasonable person lose self-control, whether there was a real time gap allowing 'cooling off,' and whether the accused's response spilled over to harm bystanders (which would remove the benefit of this lighter provision). The explanation ties this section to the same limits used for the provocation exception to murder—meaning provocation deliberately sought by the accused, or provocation from a lawful act by a public servant, or acts done in private defence, do not qualify for this reduced punishment.
Common misconceptions
- Myth: Any anger or insult counts as 'provocation' under this section.
Fact: Courts require the provocation to be both 'grave' (serious) and 'sudden' (immediate), not something minor or something the person had time to think over. - Myth: This section excuses the person completely.
Fact: It does not remove guilt—it only reduces the punishment compared to ordinary hurt or grievous hurt offences. - Myth: The lighter punishment applies even if a bystander gets hurt.
Fact: The section only applies if the accused did not intend or foresee hurting anyone other than the person who provoked them.