whether there was provocation from the end of the deceased and if
so, whether the 'provocation' was 'grave and sudden' enough ... provocation has to be
'grave and sudden'. The term 'grave and sudden' qualifies the
provocation and the consequence is loss
Section 300 IPC the following
ingredients: (1) the provocation was sudden; (II) the provocation was grave; and (ill)
loss of self-control. These three ingredients ... provocation, it is not a case of
sudden provocation.
22.2. The main difficulty lies in deciding whether a certain provocation was grave
Section 300 IPC the following
ingredients: (1) the provocation was sudden; (II) the provocation was grave; and (ill)
loss of self-control. These three ingredients ... provocation, it is not a case of
sudden provocation.
22.2. The main difficulty lies in deciding whether a certain provocation was grave
result of such provocation?" If the answer is in the
affirmative, the provocation will be classed as grave. If the answer ... particular provocation was grave or not. So, if it is proved that the accused did
receive grave and sudden provocation, the court is generally prepared
Director General, Border Security ... vs Iboton Singh (Kh) on 12 February, 2007
Equivalent citations: 2007
record, it is seen
that there was no sudden or grave provocation to the appellant to kill his
father but was planned ... provocation is not given by anything done in the
lawful exercise of the right of private defence.
Explanation.--Whether the provocation was grave and sudden
that the death of Babul Boro was
caused due to grave and sudden provocation caused to the appellant and the appellant had
struck the deceased ... control. A person, who claims the benefit of provocation, has
to show that the provocation was grave and sudden that he was deprived of power
response to such provocation, the accused had reacted and the provocation
was sudden and grave. The prosecution case is that ... deceased must have given provocation to the accused.
[2] The provocation so given must have been grave.
[3] The provocation given by the deceased must
deceased must have given provocation to
the accused; [b] the provocation must be grave; [c] the provocation must be sudden; [d] the offender ... well as grave. It is not difficult to
Page No.# 19/20
presume that such kind of grave and sudden provocation resulted into temporary deprivation
held as under:-
"18. The doctrine of sudden and grave provocation is incapable of rigid
construction leading to or stating any principle of universal ... fine distinction has to be kept in mind between
sudden and grave provocation resulting in sudden and temporary loss of
self control
