Sections 300 IPC Murder Sudden provocation

• Sections 300 IPC Murder Sudden provocation  For an act to fall within the first exception in Section 300 of the IPC the provocation by the then to-be victim has to be both grave and sudden; and so grave and so sudden as would deprive the offender of the power of self-control - The words used are unambiguous and have held good for a long time and the illustrations pertaining to the first exception emphasise on both the gravity and the suddenness of the provocation without either element being separated from the other - Indeed, in the expression "grave and sudden" as used in the substantive part of the first exception being repeated in the same form in the Explanation, the emphasis is on both the features of provocation - the extent and the timing thereof - Even if the provocation were to be extreme, but not sudden, the most grievous form of provocation would not attract the relevant exception - Likewise, the completely out-of-the-blue suddenness of the provocation would not suffice, for the purpose of the exception, if the provocation was not grave. [Para 32]

DEMANSING vs STATE OF MEGHALAYA CRLA 21/19 01/06/22 [ SANJIB JJ ]

[ MAGHALAYA HIGH COURT ]