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A is charged with murdering B. Which of the following may be facts in issue on that charge? A caused…

The illustration to section 2(1)(g) of the Bharatiya Sakshya Adhiniyam, 2023 identifies causation and grave and sudden provocation as possible facts in issue on a murder…

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A is charged with murdering B. Which of the following may be facts in issue on that charge?

  1. A caused B's death.
  2. A is generally known as an honest person.
  3. A received grave and sudden provocation from B and lost self-control.
  4. A received an award for social service.
Select one answer
Answer and explanation

Correct answer B

The illustration to section 2(1)(g) of the Bharatiya Sakshya Adhiniyam, 2023 identifies causation and grave and sudden provocation as possible facts in issue on a murder charge.

Exception 1 to section 101 of the Bharatiya Nyaya Sanhita, 2023 makes qualifying provocation material to whether a culpable homicide is murder.

General honesty or a social-service award does not determine liability on the facts stated.

Option feedback

Option A

Causation may be in issue, but A's reputation for honesty does not directly determine liability for B's killing.

Option B

Causation and qualifying provocation can determine liability or the grade of the homicide.

Option C

A's general honesty does not become a fact in issue merely because character evidence may be relevant.

Option D

The charge supplies no basis for treating A's general honesty or award as facts that determine homicide liability.

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