Principle Killing is not murder if the offender whilst deprived of the power of self control by inte...........

Indian Penal Code (IPC) 1860 Others

Principle: Killing is not murder if the offender, whilst deprived of the power of self-control by intense and sudden provocation, causes the death of the person who gave the provocation.

Facts: 'A', a man found his girl friend sleeping, in her own bed room, with another man named 'B'. 'A' did not do anything but went to his home, picked a gun and cartridges, returned to the girl friend's bed room with loaded gun but found the place empty. After fifteen days he saw his girl friend dining in a restaurant. Without waiting for even a second, 'A' fired five bullets at his girl friend who died on the spot.

'A' could have killed 'B' instead of his girl friend.

'A' could have killed both 'B' and his girl friend.

'A' did not kill his girl friend under intense and sudden provocation.

'A' killed his girl friend under intense and sudden provocation.

Explanation:

The defence of ‘grave and sudden provocation’ is an exception to Section 300, which defines murder. Grave and sudden provocation is a partial defence. In the given factual situation had A killed his girlfriend as soon as he saw her sleeping with another man. But the fact that A did not do anything at the given moment and went to his home, picked a gun and cartridges and couldn’t kill her because she wasn’t in the room anymore. He killed her after a gap of 15 days. This does not amount to grave and sudden provocation. 'A' did not kill his girl friend under intense and sudden provocation.