The Bhartiya Nyay Sanhita (BNS) 2023 is a significant step in India’s legal framework, replacing the long-standing Indian Penal Code (IPC) of 1860. One of its key sections, Section 122 BNS 2023, deals with offenses committed under sudden provocation. This section recognizes human emotions and provides a fair legal response for actions taken in the heat of the moment.
What Does Section 122 BNS 2023 Say?
Section 122 of BNS 2023 states that if a person, due to grave and sudden provocation, voluntarily causes hurt to the person who provoked them, they will face a lighter punishment. However, this leniency applies only if the harm was unintentional to anyone other than the provoker.
The prescribed punishments are:
- For causing simple hurt: Up to one month imprisonment, or a fine of Rs.5,000, or both.
- For causing grievous hurt: Up to five years imprisonment, or a fine of Rs.10,000, or both.
Section 122 BNS 2023 : Understanding Sudden Provocation
The law acknowledges that human emotions can sometimes overpower reasoning. If a person acts in anger due to grave provocation, the punishment should not be the same as in pre-planned attacks. However, the provocation should be sudden and significant, leaving no time for the accused to regain control.
Important Case Laws
To understand how courts interpret sudden provocation, let’s look at some landmark cases:
1. K.M. Nanavati v. State of Maharashtra (1962)
- A naval officer, Nanavati, shot his wife’s lover in a fit of rage. The Supreme Court ruled that he had time to cool down, so it was not a case of sudden provocation. He was convicted for murder.
2. Virsa Singh v. State of Punjab (1958)
- The court ruled that if grievous hurt is caused without premeditation due to provocation, it can be considered under the lesser offense.
3. Dhayabhai Chhaganbhai Thakkar v. State of Gujarat (1964)
- The Supreme Court stated that for sudden provocation to apply, it must be instantaneous and reasonable, making a person lose self-control.
When Does Section 122 Not Apply?
Section 122 has clear boundaries to prevent misuse. It does not apply if:
- The provocation is not sudden – If a person plans revenge after provocation, they cannot claim relief under this section.
- An innocent person is harmed – The protection applies only if harm is inflicted on the person who provoked, not on someone else.
- There was time to cool down – If the accused had enough time to regain composure but still acted violently, this section will not apply.
Short Note on Section 122
- It reduces punishment for crimes committed in anger due to sudden provocation.
- Protection is only available if harm is caused to the provoker.
- Punishment is less severe than for intentional acts.
- The nature of provocation matters in deciding the case.
- It prevents planned revenge from being excused under this law.
Why Is Section 122 BNS 2023 Important?
This law ensures justice with a human touch. It recognizes that in extreme emotional distress, a person might momentarily lose control. However, it also prevents misuse by setting clear conditions for when provocation can be used as a defense.
Disclaimer
This article is for informational purposes only. It does not constitute legal advice. If you are involved in a case under Section 122, consult a qualified lawyer for legal guidance.
Conclusion
Section 122 of the Bhartiya Nyay Sanhita 2023 strikes a balance between justice and human psychology. It protects individuals who act in the heat of the moment without premeditation while ensuring that provocation is not misused as an excuse for deliberate violence. Understanding this section can help people know their rights and legal boundaries better.
