334 IPC vs 122 BNS: Punishments for Voluntarily causing hurt or grievous hurt on provocation

334 IPC vs 122 BNS : With the introduction of the Bharatiya Nyay Samhita (BNS) 2023 on July 1, 2024, major criminal provisions under the Indian Penal Code (IPC) have been revised or replaced. Today we are going to discuss about section 334 IPC, which deals with voluntarily causing hurt on provocation.

Meanwhile In this article, we will get to know about Section 122 BNS which has replaced the 334 IPC and how it changes impact the punishment for such offenses.

What Has Changed in the Law? (From Section 334 IPC to Section 122 BNS)

Section 334 IPC

Section 334 IPC dealt with the punishment for causing hurt in situations of grave and sudden provocation. This law primarily addressed minor injuries that occurred during moments of emotional distress. With the enactment of BNS 2023, Section 122 now replaces this provision, updating the legal framework with clearer language and more structured guidelines.

Section 334 IPC provided the following punishments:

Hurt: Imprisonment up to 1 month or a fine up to ₹5000, or both.

Grievous Hurt: Imprisonment up to 5 years or a fine up to ₹10,000, or both.

Section 122 BNS

In the BNS 2023, Section 122 mirrors the punishment but adds more detailed legal language:

Section 122(1) BNS (for hurt): Imprisonment up to 1 month, fine up to ₹5,000, or both.

Section 122(2) BNS (for grievous hurt): Imprisonment up to 5 years, fine up to ₹10,000, or both.

Original Text of Section 122 BNS. (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.

Key Differences Between 334 IPC and 122 BNS

While Section 334 IPC and Section 122 BNS may seem similar at first glance, there are important differences that reflect a more modern approach under BNS 2023:

• Clarity and Structure: The BNS provides a clearer definition of what constitutes provocation-induced harm, helping both legal professionals and the public better understand the scope of the law.
• Punishments Remain the Same: Both laws prescribe similar penalties for minor and grievous harm, but the BNS introduces more precise language that better aligns with current legal standards.
• Cognizability:
  • Section 122(1) BNS (for causing hurt) is a non-cognizable offense, meaning police cannot arrest the accused without a warrant.
  • Section 122(2) BNS (for grievous hurt) is cognizable, allowing police to arrest the accused without a warrant.
• Bail and Court Procedures: Under BNS, the Section 122(1) offense is bailable, and it can be heard in any magistrate’s court. For grievous hurt under Section 122(2), it is still bailable but must be heard in the Magistrate of the First Class court.

A Comparison of 323 IPC, 334 IPC, and 122 BNS

The shift from IPC to BNS creates a ripple effect on how similar offenses are treated. Here is how the changes play out:

Section 323 IPC vs Section 115(2) BNS: Both deal with voluntarily causing hurt but under different circumstances, such as self-defense and provocation. The new BNS law provides updated penalties and clearer definitions.

Section 334 IPC vs Section 122 BNS: While IPC was more generalized, BNS offers a structured approach to handling provoked harm. The shift ensures more uniformity in how laws are applied to those who cause harm due to grave and sudden provocation.

Do I need to hire an advocate for 334 IPC vs 122 BNS

If you have come across charges under section 122 BNS or the 334 IPC, it is suggested to hire an advocate to protect your rights in the court. Here’s why:

• Complex Legal Language: The legal nuances between the old IPC provisions and the new BNS can be complex. An advocate will help clarify the differences and ensure you understand your rights and obligations under the law.
• Court Representation: Section 122 BNS is now governed by specific rules regarding cognizability, bail, and court procedures. An advocate will help you navigate the process, especially if the offense is considered cognizable or if the court hearings are more complex.
• Reducing Punishment: If the offense involves grave and sudden provocation, a skilled lawyer can help argue for reduced penalties, ensuring the punishment is fair and proportional.
• Protecting Your Rights: Legal representation ensures your rights are protected throughout the legal process, from the filing of charges to the final verdict.

The advocate will try to make sure your acquittal.

Illustrative Examples to Understand the Change

1. Knowledge-Based Hurt:
   • Scenario: A person knowingly gives food to someone who is allergic, causing an allergic reaction.
   • Analysis: This is a clear case of voluntary harm under both IPC and BNS, where the act was deliberate.
2. Provoked Hurt:
   • Scenario: A person is insulted by another and retaliates by slapping the offender.
   • Analysis: If the provocation was deemed grave and sudden, the punishment under Section 122(1) BNS could be reduced, similar to the older Section 334 IPC.
3. Accidental Injury:
   • Scenario: Someone accidentally bumps into another person, causing minor injury.
   • Analysis: This is not voluntary harm, so it doesn’t fall under IPC or BNS.
4. Group Violence:
   • Scenario: A person, as part of a group, throws a stone that injures someone.
   • Analysis: This is voluntary harm under Section 122 BNS, as the person intended to cause injury.

Procedural Changes: Transition from IPC to BNS

With the introduction of BNS 2023, all offenses related to provoked harm, including Section 334 IPC, are now handled under Section 122 BNS. Cases that occurred before July 1, 2024, will still be governed by IPC, but new cases will follow BNS laws and procedures.

Conclusion : 334 IPC vs 122 BNS

The shift from Section 334 IPC to Section 122 BNS represents a modernized and more organized approach to handling provoked harm cases. While the core principles remain the same, the BNS provides a clearer framework with updated punishments and legal procedures. Understanding these changes is crucial for both legal professionals and the general public, especially those involved in such cases.

If you’re unsure about how these changes affect you or need help navigating a BNS case, consider using our IPC to BNS Converter tool on our website by clicking on the link below for a detailed understanding of how your case fits into the new legal structure.

FAQ : 334 IPC vs 122 BNS