Eps 1: the interpretation of grave and sudden in s.300 of Penal Code
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Jane Nelson
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If culpable homicide is not murder, it is when the perpetrator is deprived of power of self-control by a serious or sudden provocation and causes the death of the person who gave the sudden and severe provocation or by mistake or accident the cause of death of another person. If the perpetrator was deprived of self-control by sudden and / or severe provocation, he can act to cause the death of another person by intentionally causing the death of another person as a result of an accident or mistake. The serious and sudden provocation is not intended to make the perpetrator excuse killing or harm another person.
If culpable homicide is not murder, Section 300 of the Indian Criminal Code states that culpable homicide is not murder if the perpetrator, although deprived of the power of self-control by severe and sudden provocation, causes the death of another person or causes the death of another person in error or by accident in another person. Certain exceptions are provided for in paragraph 300, which states that in some cases the offence does not amount to murder and is punishable under paragraph 304 of the IPC. Paragraph 300 specifies the cases in which the offence becomes murder and stipulates that there are certain exceptional situations in which murder can be committed, but it is reduced to the offence which is not punishable by Article 304 IPC and not by Article 302 IPC.
A culpable homicide is not murder if the perpetrator exercising the right to a private defence of a person or property in good faith exceeds the authority granted by law to kill a person he intentionally or intentionally did more harm than necessary for the purposes of that right. As far as S 299 is concerned, it states that if the death is caused by an act or intention to cause such bodily injury as is likely to cause death, it is culpable homicide. A clause in paragraph 200 clarifying that the homicide is when the perpetrator knows that a particular person is injured because of a probable peculiarity of the Constitution, suffers from an illness or is immature and is killed, and the injury is not caused by the words used . The first exception contains a complete lack of self-restraint and the heat of passion clouds sober reason and forces them to do something they would not normally do. In the exception to section 300, there is no provocation and there is no exception for IPC to the exception for violations that were not committed as direct result of law. The final exception to section 300 concerns the cause of death by consent, also known as euthanasia or mercy killing.
According to the landmark case Nanavati v. State of Maharashtra , if a reasonable person belonging to the same class of society as the accused is placed in a situation where he commits a crime, is provoked and loses self-control, and his defense is a serious and sudden provocation, then the culpable homicide shilling is reduced to a murder. The court ruled that to make use of this exception the accused must demonstrate that he has a right to self-defence against the accused and that this right extends to the cause of death of another person. The essential declaration at the end of this section makes it clear that the question of whether provocation, whether serious or sudden, prevents a crime or a crime is a matter of fact and not a matter of law.
In order to detect sudden and serious provocations a test is performed to determine whether another reasonable man who has the same skills, belongs to the same class or a part of the society, would be provoked in the same situation in which the accused had committed the crime to lose self-control. In certain circumstances, a serious and sudden provocation of the accused by the accused in the act can be brought about without exception.
The offence of murder if a child is not given much provocation and the death of a child is not caused by accident or misfortune, but by an act of provocation. A person can be killed in cold blood without any planning, but it is murder when the intent to kill is high and not by sudden anger or provocation. In the case of murder, provocation must not be given for the death of a child unless the child was caused by chance, misfortune or by the act that caused the provocation.