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Sudden and Grave Provocation

1. Sudden and grave provocation is an exception where if a person loses self-control due to unexpected and serious provocation and accidentally causes death, they may be liable for culpable homicide rather than murder. 2. The provocation must be both sudden, meaning unexpected, and grave, such that a reasonable person would lose control. There must also be a close time period between the provocation and the act. 3. Several cases provide guidance on determining what constitutes sudden and grave provocation, such as considering the background of those involved or if the act was in self-defense. Continuous harassment could also deprive someone of self-control.

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840 views3 pages

Sudden and Grave Provocation

1. Sudden and grave provocation is an exception where if a person loses self-control due to unexpected and serious provocation and accidentally causes death, they may be liable for culpable homicide rather than murder. 2. The provocation must be both sudden, meaning unexpected, and grave, such that a reasonable person would lose control. There must also be a close time period between the provocation and the act. 3. Several cases provide guidance on determining what constitutes sudden and grave provocation, such as considering the background of those involved or if the act was in self-defense. Continuous harassment could also deprive someone of self-control.

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joyal jose
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SUDDEN AND

GRAVE
PROVOCATION
Exception 1: Sudden and grave provocation
When the person losing his self-control by the sudden and grave provocation, causes the
death of the person who gave the provocation or any other person due to a mistake or an
accident then he will be liable for the culpable not amounting to murder. The essential
conditions are as:
• The accused had been provoked by the deceased.
• Provocation needs to be sudden.
• Provocation needs to be grave.
• The accused had lost his self-control or controlling power.
• The accused must have caused the death of the person who gave the provocation.
• The accused must have caused the death during the continuance of his deprivation
of the power of self-control.
• The accused should not have malafide intention.
Example:
• A gives a sudden and grave provocation to B by insulting and abusing his father. A
loses his self-control and fires a pistol at B. Therefore, B died immediately. A is
liable for the culpable homicide not amounting to murder.
• Take the same example but in this case, Z was killed who was standing near to A.
A neither knowingly or intending to kill Z fires at B. But Z was killed by mistake
and accident in this case also A will be liable for the culpable homicide not
amounting to murder.
• A was provoked by B on 6th May. A goes on 7th May at B ‘s house and killed B. In
this case, A will liable for the murder because he was having sufficient time to be
calm his temper and anger.
• If the person has an intention to kill such a person then it will not fall under the
exceptions. Example:- A being provoked by B kill B’s daughter intentionally. A
will be liable for the murder as neither the death of the daughter was not caused by
misfortune or accident nor A was provoked by B’ daughter.
In the case of K.M Nanavati vs the State of Maharashtra 1962 SCR Supl. (1) 567. This is a
landmark case. The0 court observed that-
• Gestures and words under certain situations cause sudden and grave provocation to
an accused so as to bring his action under this exception.
• For the purpose of determining the sudden and grave provocation, a test is
established to find whether any other reasonable man having the same capacity and
belonging to the same class or sections of society if placed in the same situations as
accused would also be provoked as to lose his/her self control.
• The background of the previous act of victim is to be taken into consideration in
determining whether the subsequent act was sufficient to cause a sudden and grave
provocation.
• The fatal blow on the person giving a sudden and grave provocation should be
immediately when he was provoked but not after the time which was sufficient for
him to calm down or to cool down.

Certain exceptions of Exception 1


This section also has certain exceptions in which the offender will be liable for the
culpable homicide amounting to murder.
• The provocation must not cause intentionally from the act of the offender as an
excuse to kill such person or any other person.
• The provocation is not caused by anything which is done in accordance with the
law, or by a public servant in the lawful exercise of the powers of any public
servant. Example: A is lawfully arrested by C, a constable. A was provoked
because he was arrested so he kills C. Here A will be liable for murder as C was
exercising his public duty.
• The offender must not have been provoked by the act of the person who is
exercising his right to private self-defence.
Suljina Dhan vs   the State of Assam
Facts: there was a fight between the husband and wife. The husband was killed by the
wife through axe. The wife took the plea that the axe fell on his husband by mistake.
Judgement: The Court held that the result was the outcome of the fight and such fight
gave a sudden and grave provocation to the wife. So she should be fall under this
exception. So the wife was liable for the culpable homicide not amounting to murder.
Mahmood vs State AIR 1961 All 538
The court observed that there are certain ingredients required to fulfil in order to come
under the ambit of this section. They are as follows.
• The provocation must be sudden- The term sudden constitutes two elements- the
provocation needs to be unexpected.it means that it should not be planned
beforehand. The time gap between provocation and homicide should be short.
• The provocation must be grave- A mere statement given by the accused that he
was provoked will not be accepted in the Court. The court needs to apply the
objective test for determining whether there was a grave provocation or not.whether
the reasonable man would do the same act if he would be placed in the same
situation as the offender.
• Losing a self- control- If the court is satisfied that the provocation was sudden and
grave then the court will assume that he had lost his self-control.
In the case of Muthu vs State of Tamil Nadu on 27 September 2016, the Court held that
continuous harassment would lead to the deprivation of the power of self-control. This
will fall under this exception.

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