Four elements which need to be established to avail the defiance of provocation i.e.

 2022 SCMR 1187

It can be said that there are mainly four elements which need to be established to avail the defence of provocation i.e.

(i) the provoking circumstances

(ii) the accused’s loss of self control resulting from the provoking circumstances, whether reasonable or not;

(iii) whether the provocation could have caused the ordinary person to lose self-control,

(iv) the retaliation was proportionate to the provocation. Whether the accused’s loss of self-control was a result of the provoking circumstances is a subjective test.

To prove the element of provocation, there are two more conditions i.e.

(i) it should be prompt, and

(ii) it was retaliated without inordinate delay.

We have also noticed that apart from the circumstances narrated above inviting application of Section 302(c) PPC another situation has now erupted in the society having direct nexus with such like situations, i.e. a deliberate and malicious act intended to outrage religious feelings of any class of people by insulting its religion or religious rituals by use of derogatory remarks, which further extend the scope of cases falling under the ambit of sudden provocation.