Section 122: Causing Hurt or Grievous Hurt on Grave and Sudden Provocation

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Any Magistrate / Magistrate 1st Class
Bailable
Non-Cognizable (Sec 122-1) / Cognizable (Sec 122-2)
Formerly Sec 334, 335 IPC

Legal Commentary & Landmark Judgments: Section 122

Section 122 provides mitigated punishment for voluntarily causing hurt or grievous hurt on grave and sudden provocation, prescribing imprisonment up to one month or fine up to five thousand rupees for hurt, and imprisonment up to five years or fine for grievous hurt.

  • Grave & Sudden Provocation: Inflicted under provocation that deprives a person of self-control.
  • Absence of Prior Malice: The offender must not intend or know themselves to be likely to cause hurt to any person other than the provoker.
  • Provisos Tracking Section 102: Provocation must not be sought or voluntarily provoked; not done in obedience to law; and not done in exercise of lawful private defence.
Key Landmark Precedents:
  • K.M. Nanavati v. State of Maharashtra (AIR 1962 SC 605): Affirmed that the doctrine of provocation applies to assault and hurt under Section 334/335 IPC (Section 122 BNS), requiring an instantaneous loss of self-control.
  • State of Rajasthan v. Kashi Ram (2006) 12 SCC 254: Reiterated that provocation mitigates sentencing where physical response is contemporaneous.
Courtroom Practice & Strategic Litigation Guidance:

In assault trials where severe injuries were inflicted following verbal insults or catching a spouse in adultery, invoke Section 122 BNS: proving grave and sudden provocation drastically caps custodial exposure to nominal terms.