(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.
Simplified Explanation
This section provides a legal defense for individuals who cause harm due to sudden provocation but under certain conditions. The section is designed to balance intentional harm with provocation—acknowledging that emotional responses to a provocation can lead to violence, though such actions should still be penalized under specific circumstances.
Subsection (1) – Voluntarily Causing Hurt on Provocation
- Grave and Sudden Provocation: This refers to an intense emotional trigger, such as an insult, offense, or action, that would provoke an average person to react impulsively or aggressively.
- Conditions:
- The person who causes harm does not intend to cause hurt to anyone other than the person who provoked them.
- They do not know that their actions could cause hurt to anyone other than the person who gave the provocation.
- If these conditions are met, the law treats the offense more leniently, acknowledging the emotional heat of the situation.
- Punishment:
- The punishment for causing hurt in such circumstances can be imprisonment for a term up to one month, or a fine up to five thousand rupees, or both.
Subsection (2) – Voluntarily Causing Grievous Hurt on Provocation
- This subsection deals with more serious harm—grievous hurt—caused in the same context of grave and sudden provocation.
- Grievous Hurt: This refers to injuries that are severe and can lead to long-term consequences, such as damage to vital organs, disfigurement, or life-threatening injuries.
- Conditions:
- The offender neither intends nor knows that their actions will cause grievous hurt to anyone other than the person who provoked them.
- Punishment:
- The punishment for causing grievous hurt on provocation is more severe, with imprisonment for a term up to five years, or a fine up to ten thousand rupees, or both.
Explanation – Reference to Exception 1 of Section 101
- This section refers to Exception 1 of Section 101, which outlines the legal exception where harm is caused in the heat of the moment due to grave and sudden provocation. This exception can provide a reduced level of culpability for the offender.
- Exception 1 of Section 101 addresses situations where someone is justified in using force in response to provocation, provided that the harm caused is proportional to the provocation.
Key Points to Remember:
- Grave and Sudden Provocation: This defense only applies when the provocation is sudden and intense enough to cause a reasonable person to react aggressively.
- Intent and Knowledge: The offender must not have intended to cause harm to anyone other than the person who provoked them. This ensures that the offense remains linked to the provocation, rather than a broader intent to harm.
- Punishment and Severity: The law provides differentiated punishment based on whether the harm caused is hurt (less severe) or grievous hurt (more severe).
- Limited Defense: This section does not provide complete immunity for the offender but reduces the severity of punishment, acknowledging that provocation can mitigate moral culpability.
This section highlights the balance between acknowledging human emotions (such as anger) and ensuring that those who cause harm are still held accountable, but with more understanding when provocation plays a role in the incident.
