Voluntarily causing hurt or grievous hurt on provocation
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Summary
If a person, on grave and sudden provocation, voluntarily causes hurt but neither intends nor knows he is likely to hurt anyone other than the person who provoked him, the punishment is up to one month imprisonment, or fine up to Rs 5,000, or both. If the hurt is grievous, the term may extend to five years, or fine up to Rs 10,000, or both. The provision is subject to the same exception as in section 99.
Example
Aditya is suddenly insulted by Rohan. In anger Aditya pushes Rohan and Rohan falls, fracturing his arm (grievous hurt). Because Aditya acted only against Rohan in sudden provocation and did not intend or foresee harm to others, he can be punished up to five years imprisonment or a fine up to Rs 10,000, or both under this section.
Bare Act
Enacted text(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 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 provision as Exception 1, section 99.
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