BNS Section 122
What punishment can I get if I hurt someone during a sudden provocation?
Short answer
If you cause hurt, you may be jailed up to one month or fined up to ₹5,000; for grievous hurt, up to five years imprisonment or a fine up to ₹10,000, or both.
In detail
Section 122 of the Bharatiya Nyaya Sanhita, 2023 deals with injuries caused when a person is suddenly and seriously provoked. If you voluntarily inflict a simple hurt on the person who provoked you, and you neither intended nor expected the injury to affect anyone else, the law allows a maximum of one month’s imprisonment, a fine up to five thousand rupees, or both. If the injury is classified as grievous hurt under the same conditions, the penalty is harsher: up to five years’ imprisonment, a fine up to ten thousand rupees, or both. The provision applies only when the offender’s intention or knowledge is limited to the provocateur, not to any third party. The section also follows the same proviso that applies to Exception 1 of Section 101, meaning any additional legal nuances in that exception will also affect how this section is applied.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- How does the law treat accidental injury under provocation?
- What distinguishes hurt from grievous hurt in this section?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.