BNS Section 122: Voluntarily Causing Hurt or Grievous Hurt on Grave and Sudden Provocation (IPC 334 and 335 Mapping) (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Section 122 of the Bharatiya Nyaya Sanhita (BNS), the new criminal code in force since 1 July 2024, punishes causing hurt or grievous hurt on grave and sudden provocation. It replaced Sections 334 and 335 of the Indian Penal Code (IPC). Because the provocation reduces the gravity, the punishment is light: hurt carries up to one month, or a fine up to five thousand rupees, or both; grievous hurt carries up to five years, or a fine up to ten thousand rupees, or both. If you still look up "section 334 IPC" or "section 335 IPC", this is the provision you now need. This explainer sets out what Section 122 covers, how it maps to the old law, and the punishment. Last verified October 2026.

01Why the section number matters now

Hurt caused in the heat of grave and sudden provocation was punished lightly under Sections 334 and 335 of the Indian Penal Code (IPC). Since 1 July 2024 the IPC is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and both provisions are now combined in Section 122.

This matters in practice. An FIR for an offence committed on or after 1 July 2024 is registered under the BNS, so it cites Section 122, not Section 334 or 335. An older case keeps its IPC numbers, because the law that applies is the law on the date of the offence. So for a while you will see both sets of numbers in live matters.

02What Section 122 covers

Section 122 of the BNS punishes voluntarily causing hurt or grievous hurt on grave and sudden provocation. The key is the provoked state of mind. The offender must act on grave and sudden provocation, and must neither intend nor know it to be likely that the harm will fall on anyone other than the person who gave the provocation.

The section has two parts:

• Section 122(1): causing hurt on grave and sudden provocation.
• Section 122(2): causing grievous hurt on grave and sudden provocation.

03Key ingredients

To bring a case under Section 122, the facts must show:

• that the accused voluntarily caused hurt or grievous hurt;
• that it was done on grave and sudden provocation;
• that the accused did not intend or know it likely that the harm would reach anyone other than the provoker; and
• the degree of injury, which decides whether sub-section (1) or sub-section (2) applies.

The same idea of grave and sudden provocation runs through the exceptions to murder, so courts read the two together. The provocation must be grave and sudden, not sought out or self-induced.

04Old to new: IPC 334 and 335 to BNS 122

Sections 334 and 335 of the IPC are now combined in Section 122 of the BNS. Section 334 (hurt on provocation) maps to Section 122(1), and Section 335 (grievous hurt on provocation) maps to Section 122(2).

Note one common error. Some lists pair "Section 122" with the old Section 329 (grievous hurt to extort property). That is wrong. Grievous hurt to extort property sits in Section 119 of the BNS. Section 122 is the lighter, provocation-based offence.

05Punishment and classification

The punishment under Section 122 is light, reflecting the provocation:

• Section 122(1), hurt: imprisonment of either description for up to one month, or a fine up to five thousand rupees, or both.
• Section 122(2), grievous hurt: imprisonment of either description for up to five years, or a fine up to ten thousand rupees, or both.

On classification, these were minor offences under the old IPC, generally non-cognizable and bailable and triable by any Magistrate, and the BNS is understood to carry that forward. For the exact status in a given case, check the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

06What changed from the old law

The main change is structural, plus updated fine amounts. Two separate IPC sections (334 and 335) are now one section with two sub-sections. The substance, hurt caused on grave and sudden provocation, is carried over, so case law under the old sections still guides how Section 122 is read.

Do not confuse Section 122 with the neighbouring, heavier hurt offences: hurt to extort a confession or property is Section 120, hurt to deter a public servant is Section 121, and hurt by poison is Section 123. This is general information, not legal advice, so check the current text and take advice from counsel before you act.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Whether a hurt was caused on grave and sudden provocation is a fact-heavy question, and the much lighter sentence under Section 122 often turns on it, through trial and into appeal. Claw lets you read how courts have weighed provocation across more than 30 crore judgments, searchable by party or advocate and answered in under 5 seconds, with the High Court record going back to 1990 and the Supreme Court to 1950, so the old Sections 334 and 335 sit beside the new Section 122. For a live matter, it follows the cases, orders and hearings across 9,102 courts, benches and forums.

Claw does not feed customer documents into its AI model training, so your notes on a provocation defence stay with you. Create a free Claw account to search and follow these matters by party or advocate name. To go wider, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
• Section 122, BNS (bare text): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

09Frequently asked questions