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

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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.

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