BNS Section 122- Voluntarily causing hurt or grievous hurt on provocation | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 122 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
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.
Procedural Details
Punishment
Imprisonment up to Five Year(s) + Fine
Nature of Offense
Cognizable
Bail Eligibility
Non-bailable
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Magistrate First Class
Frequently Asked Questions about BNS Section 122
What is Section 122 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: 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.
What is the punishment under BNS Section122 ?
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Five Year(s) + Fine
Is BNS Section 122 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
Is BNS Section 122 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Which court has the jurisdiction to try cases under BNS Section 122 ?
Cases pertaining to this specific BNS section are triable by the Magistrate First Class.
Can BNS Section 122 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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