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Showing posts from May 4, 2019

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

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 24 th 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 "Th