Q. A, under the influence of passion excited by provocation by B; kills C intentionally. A’s liability? [5 Marks]
[Note: Follow IRAC Method (Issue-Rule-Analysis-Conclusion) in factual questions.]
Answer: The sole issue for adjudication in the factual matrix of the instant case is the culpability of accused where he kills another intentionally under the influence of passion excited by provocation.
Section 300 of the Indian Penal Code, 1860 deals with the offence of culpable homicide amounting to murder, and provides the exceptions to its application. The facts state that A killed C intentionally. Thus, his act constitutes the offence of culpable homicide amounting to murder.
Exception 1 to the Section reads: “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 or causes the death of any other person by mistake or accident.”
It is noteworthy that the provocation mentioned herein was neither grave nor sudden. The Hon’ble Supreme Court in KM Nanavati v. State of Maharashtra, [1962] held that the provocation given under First Exception to Section 3x00 of the Indian Penal Code, 1860 must be grave as well as sudden. Thus, A is not entitled to the benefit of Exception 1 of the above-mentioned section. Another argument may be that A was acting under the influence of “passion”, but this passion will not be protected under Exception 4 to Section 300 of the Indian Penal Code, 1860 as that is a result of sudden quarrel which is not the case here.
Thus, A having acted intentionally, will be liable for the murder of C under Section 300 (Firstly) of the Code. He is to be punished with life imprisonment or death along with fine under Section 302 of the Code.
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