PLD 2020 SC 201
Grave and sudden provocation'---Meaning and scope.
Expression "grave and sudden provocation" was used by the Legislature in Exception-1 to the erstwhile section 300 of P.P.C. as: "Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation." It is clearly spelt out from the said provisions that the provocation offered by the act of the victim must be so grave and sudden that it would deprive the offender of the power of self-control. Provocation in law thus consisted mainly of three elements: (i) the act of provocation, (ii) the loss of self-control, and (iii) the retaliation/reaction proportionate to the provocation. The relationship of these elements to each other, particularly in point of time, was of the foremost importance to determine whether there was time for passion to cool and reason to resume.
Doctrine relating to provocation depended on the fact that it causes, or may cause, a sudden and temporary loss of self-control,whereby malice which was the formation of an intention to kill or to inflict grievous bodily harm, was negatived.The proportionality of the reaction to the provocation was tested on the touchstone of the reaction expected from a reasonable person. What a reasonable man would do in certain circumstances depended upon various factors including the customs, traditions, social and cultural values, and way of life of the society to which he belonged. No abstract standard of reasonableness could be laid down, in this regard.
0 Comments