A grave and sudden provocation: an exception to Murder in Indian Penal Code

By

Murder is an offence against the Human body under the provisions of the Indian Penal code, it is an offence committed with the intention or knowledge to give a such bodily injury to any person that in all probabilities commits his death, the intention and knowledge is must to punish the offender punishable the murder in the provisions of the Indian Penal Code. Section 300 of the Act defines the term ‘Murder’ where as exception 1 of the Section 300 states that culpable homicide is not murder if the offender deprived of the power of the self control and the death of a person takes place in severity of grave and sudden provocation as unexpected and should be occurred within a short span of the time. There must be a relation between the provocation and killing of a person provoked. On 24th January 2019 a judgment in the case of Nawaz v. State was delivered by bench comprising Justice Mohan M Shantanagoudar and Justice Dinesh Maheswari of Supreme Court of India observed that "The deceased provoked the accused by uttering the word 'prostitute'. In our society, no lady would like to hear such a word from her husband. Most importantly, she would not be ready to hear such a word against her daughters. The incident is a result of a sudden and grave provocation by the deceased." It is an exemplary precedent passed by the hon’ble Supreme Court. Undoubtedly it must have been extremely difficult to live with such a spouse who is not respecting the dignity of a woman. Using of the term ‘prostitute’ for our spouse is the grave example of the dishonoring the dignity of a woman. In our Indian Constitution Article 21 enshrined that ‘Right to life includes right to live with dignity’ so right to life with dignity should be equally provided in the society for the woman also and no one should be allowed to dishonor them ar defame them in the society even if it is her family. To protect and honor and respect the dignity of a woman is the primary duty of the state. So this decision by the Hon’ble Supreme Court is really appreciable and should be applied in all the similar cases having the same facts and circumstances.

Comments

Post a Comment

Popular posts from this blog

Teacher As: Critical Pedagogue

By
Education is not only a process of cognitive development. It is a process of overall development of the child. The whole teaching learning process consist with three important components i.e student, teacher and curriculum. In the process of curriculum construction, evaluation and feedbacks are an important aspect to redesign the curriculum. Evaluation cannot be made on the basis of academic achievement of the students. Teacher should play an important role in the construction of curriculum as well as transaction of curriculum. Thus there is a need that teacher should take initiative to evaluate the whole education system as a Critical pedagogue. It is an ability to evaluate our teaching and the practices prevailing in existing education system critically in relation to methods and practices adopted by the teacher to teach concern pedagogical subjects. Ira Shor defines “ Critical pedagogy is habits of thought, reading, writing and speaking which go beneath surface meaning, first impr...
Read more

ROLE CONFLICT PROBLEM AMONG WORKING WOMEN

By
Women of India have marked their significant presence in the world in various fields. They have been given the status of power and prestige in India.    Indian women has got much more significance in today’s developing times. Where until lately, they were shadowed by patriarchal dominance, the contemporary women in India have moved beyond all social boundaries to emerge as triumphant leaders of tomorrow. Not only has She taken up courageous roles in society, her own individuality as a ‘woman’ has now got an improvised meaning. The world has changed for females in India now. The daughters are pursuing successful ambitions in the male dominated corporate scenario and mothers are taking up flextime jobs to showcase their exceptional managerial talent. Today, our women have stepped out to become bread earners of the family. Although the trend is yet developing in India, The IT-BPO sector is becoming a female dominated industry in India with a significant number of capable a...
Read more

Rights and obligations of Issuer, Participant and Beneficial owner under the Depository Act, 1996

By
As per section 17 of depository Act the rights and obligations of the depositories, participants and the issuers whose securities are dealt with by a depository shall be specified by the regulations. Under the Depository Act, 1996 depository means a company formed and registered under the Companies Act, 1956, and which has been granted a certificate of registration by SEBI under sub-section (1A) of Section 12 of the Securities and Exchange Board of India Act, 1992 ). (Section 2(1) (e)) Work of Depository- The word ‘depositary’ is defined as “the party of the institution (company) receiving a deposit. A depository holds securities (like shares, debentures, bonds, Government Securities, units etc.) of investors in electronic form. Besides holding securities, a depository also provides services related to transactions in securities. It acts as a trustee of the owner since the securities are entrusted with him in trust. He is also the agent of the owner of the securities. Thus...
Read more