GRAVE AND SUDDEN PROVOCATION AS A DEFENCE TO
THE CHARGE OF MURDER
AUGUST, 2019
CHANAKYA NATIONAL LAW UNIVERSITY
A RESEARCH PROPOSAL SUBMITTED IN PARTIAL FULLFILLMENT OF
THE COURSE CRIMINAL LAW-1 FOR THE REQUIREMENT OF THE
DEGREE B.A. LLB ( HONS.) FOR THE ACADEMIC SESSION 2019-2020.
SUBMITTED BY:
NAVEEN KUMAR PANDEY
[Link] (HONS.), (1942)
3rd SEMESTER
SUBMITTED TO:
DR. FATHER PETER LADIES
ASST. PROFESSOR OF CRIMINAL LAW
INTRODUCTION:
“Provocation is some act or series of acts done by the dead man to the accused which would cause in any
reasonable person and actually causes in the accused a sudden and temporary loss of self-control
rendering the accused so subject to passion as to make him or her for the moment not master of his mind”.
How the provocation operate as a mitigating factor to criminal liability under different provisions of the
Indian Penal Code.? For this purpose it is necessary to understand the concept scope and importance of
grave and sudden provocation. It is well established principle of law that every act or conduct which is
excused in the name of grave and sudden provocation is not consider as mitigating factor to criminal
liability. The substantive provisions of the Indian Penal Code defines the particular circumstances when
the plea of the grave and sudden provocation is exist but not in all other cases
The criminal law is based on the idea that every culprit is punished according to his guilt. So for every act
which is against or contrary to laws must be made punishable under law. This is the general perception
under the criminal law that no one can be unpunished if they are doing any acts which is against the state
laws. Firstly there must be an act. Acts are classified as an intentional and unintentional. It means that
intentional acts are consider more serious as compare to unintentional acts. The intentional acts is
determined as most gravest form of the crime. It is based on the higher degree of culpability of the
intention. No defence or general exception is applicable if the acts are committed with intention but in the
other hand if the acts is not intentional and circumstances justified the case is covers under exceptions of
the criminal law. The substantive law of the land defines various offences which lay down certain criteria
with prescribed punishment. The criminal law states that any act which is contrary to penal provisions
than it can be treated as an offence. In simple words the offence means any wrongful act or series of acts
or bundle of events which is illegal and punishable according to the nature of the act. Under section 40 of
the Indian Penal Code defined offence.
OBJECTIVE OF RESEARCH:
The researcher tends to analyze why grave and sudden provocation as a defence to the
charge of murder is a legislative discrimination.
The researcher tends to analyze what amounts to Provocations.
The researcher tends to analyze the standard of provocation required to be considered as a
defence for the offence of murder.
HYPOTHESIS:
The mitigating factor provocation may arise where were a person does intend to cause harm or inflict
grievous bodily harm but his intention to do so is the result of sudden passion involving loss of self-
control by reason of provocation. It is so because in some cases an intention to kill may be formed in
seconds before the fatal blow may be given. It can thus be said that defence of provocation applies to an
unintentional killing in cases and various from the facts of each case. Though it cannot be the case in all
fact situations.
RESEARCH METHODOLOGY:
The researcher proposed to undertake the doctrinal method of research which include documents, legal
propositions, doctrines, articles, books, journals and online research etc.
SOURCES OF DATA:
Primary Sources: Codes, Enactments.
Secondary Sources: Books, Articles, Journals, Magazines etc.
REVIEW OF LITERATURE:
1. P.S.A Pillai, Criminal Law, (Lexis Nexis; Thirteenth Edition)
P S A Pillai’s Criminal Law has justifiably come to be known as one of the most archetypal text on the
Indian Penal Code, 1860, ever since the publication of its first edition in 1956. This book has
comprehensively covered all aspects of Criminal Law with detailed analysis of all the categories of
offences assimilated in the Code.
LIMITATION OF THE PROJECT:
Owing to the large number of topics that could be included in the project, the scope of this research
paper is exceedingly vast. The researcher has paucity of time and money. The researcher in the interest
of brevity kept this paper limited to ‘provocation as a defence to murder’.
TENTATIVE CHAPTERISATION:
1. INTRODUCTION
2. HISTORICAL PERSPECTIVE OF PROVOCATION UNDER IPC
3. CONDITIONS NECESSARY FOR A SUCCESSFUL PLEA OF THE DEFENCE
OF PROVOCATION.
4. IMPORTANCE OF THE DEFENCE OF PROVOCATION IN CASE OF
MURDER.
5. OBJECTIVE STANDARD FOR PROVOCATION IS ACCEPTED
6. THE RATIONALE
7. CONCLUSION
BIBLIOGRAPHY:
BOOKS:
Justice M.R. Mallick, Criminal manual (Criminal Major Acts), (professional
Book Publishers, 2019)
P.S.A. Pillai, Criminal Law, (Lexis Nexis; Thirteenth edition, 2017)
STATUTES:
Indian Penal Code, 1860.
WEBSITES:
[Link]
[Link]
[Link]
RAVE_AND_SUDDEN_PROVOCATION_IN_MALAYSIA
[Link]
20as%20a%20Defence%20in%20the%20Indian%20Penal%20Code%20(319-
355).pdf