assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment
determine whether the deceased had given any provocation to
the accused, whether the provocation was sudden and whether the same was
sufficiently grave ... provocation to the accused.
(2) The provocation so given must have been grave.
(3) The provocation given by the deceased must have been sudden
exceptions is that which I will for brevity call grave and sudden provocation. So that in plain language what we have to see is whether ... deprived of the power of self-control by grave and sudden provocation, (2) where the offender exercises the right of private defence in good faith
deceased must have given provocation to the accused; (b) the
provocation must be grave; (c) the provocation must be sudden;
(d) the offender ... provocation deemed sufficient by itself to
trigger the punitive action. Last provocation has to be considered
in light of the previous provocative acts or words
accused, whether the accused has committed the offence under grave and sudden provocation or due to sustained provocation even the incriminating information contained ... confessional statement of the accused that due to grave and sudden provocation, he had killed his wife, and reduced his life sentence to 7 years
Director General, Border Security ... vs Iboton Singh (Kh) on 12 February, 2007
Equivalent citations: 2007
grave and sudden'. The term 'grave and sudden' qualifies the
provocation and the consequence is loss of 'self control ... grave and sudden'; but does it
necessarily mean that the entire set of 'grave and sudden' provocative
circumstances shall be immediately preceding
must be the person who gave the provocation.
(ii) The provocation must be both ‗grave' and ‗sudden'.
(iii) The provocation must deprive ... provocation to the accused.
(2) The provocation so given must have been grave.
(3) The provocation given by the deceased must have been sudden
failed to
appreciate that the said plea of grave and sudden provocation can be
culled out from the evidence of the prosecution itself ... appellant
cannot be deprived of the benefit of defence of sudden provocation
merely on the ground that he has not raised such a plea either
that she did not venture an
opinion qua the grave and sudden provocation as testified
hereinabove, by the son of the respondent, Mustafa ... murder of the deceased, it was all in the grave and sudden
provocation, mere coming back to the room with chopper by
keeping it behind