(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:
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(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.
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(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.