suffer a prolonged spell of
grave provocation. By their nature such provocation even when sudden and
grave cool off with passage of time often lapsing ... these circumstances do not betray any signs of grave leave alone
grave and sudden provocation to have continued haunting the appellant and
disturbing his mental
those exceptions is that which I will for brevity call grave and sudden provocation. So that in plain language what we have ... offender is deprived of the power of self-control by grave and sudden provocation, (2) where the offender exercises the right of private defence
have been so deprived by reason of the provocation;
(3) The provocation must have been grave and sudden;
(4) The provocation must not have been ... between provocation as defined under Exception 1 and sustained
provocation, the ingredient of sustained provocation is a series of acts more
or less grave spread
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
victim must be the person who gave the provocation.
(ii) The provocation must be both ‗grave' and ‗sudden'.
(iii) The provocation must deprive ... 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
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 ... exception-1 to
section 300 are (1) provocation (2) that such provocation must be
sudden and grave and (3) that same should emanate from
cardinal difference between provocation as defined under Exception I and sustained provocation. The only word which is common is 'provocation.' What Exception ... grave and sudden provocation, whereas the ingredient of sustained provocation is a series of acts more or less grave spread over a certain period
these circumstances do not
betray any signs of grave leave alone grave and sudden
provocation to have continued haunting the appellant and
disturbing his mental ... 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
provocation was sudden; (ii) the
provocation was grave; and (iii) loss of self-
control. These three ingredients may be considered
one by one:
(i) Whether ... provocation, it
is not a case of sudden provocation.
(ii) The main difficulty lies in deciding whether a
certain provocation was grave
JUDGMENT DATED: 16/06/2025
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(i) The provocation was sudden; (ii) the
provocation was grave; and (iii) loss of
self-control. These three ingredients ... provocation, it is not a
case of sudden provocation.
(ii) the main difficulty lies in deciding
whether a certain provocation was grave
