Section 194: Sentence for causing hurt or grievous hurt by grave provocation or in heat of passion

1) Notwithstanding anything contained in Section 191 or 192, a person who causes hurt in any of the following circumstances shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both the sentences in the case of a grievous hurt, and to a sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences in the case of any other kind of hurt:

(a) Where the offender, while being deprived of the power of self-control by grave and sudden provocation, causes hurt to the person who gave such provocation or to any other person by a mistake of fact or happens to cause injury to another person by accident.

Provided that this clause shall not apply to the following circumstance:

(1) Where the offender causes hurt upon being provoked by anything done in obedience to the law or in the exercise of the right of private defence or any anything done or intended to be done by a public servant in the exercise of his or her official duties,

(2) Where the offender himself or herself gives provocation to another with intent to cause any harm to any one and anything done by that other person upon being so provoked causes hurt to any person.

(b) Where the offender in the exercise in good faith of the right of private defence exceeds the limit of such power and causes injury to any person,

(c) Where hurt is caused to any person instantly in the heat of passion upon a sudden quarrel,

Provided that while doing any act referred to in this clause, the offender must not have taken an undue advantage or acted in a cruel or unusual manner.

2)  Notwithstanding anything contained in clauses (b) and (c) of sub-section (1), the provisions contained in these clauses shall not be applicable to any case of hurt or grievous hurt caused with premeditation or deliberate afterthought.