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For Exception 1 to section 101 of the Bharatiya Nyaya Sanhita, 2023, how is the inquiry into whether…

The Explanation to Exception 1 expressly makes the sufficiency of the provocation a question of fact. The exception's legal conditions still determine which kinds of…

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For Exception 1 to section 101 of the Bharatiya Nyaya Sanhita, 2023, how is the inquiry into whether the provocation was grave and sudden enough to prevent the offence from amounting to murder classified?

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Answer and explanation

Correct answer A

The Explanation to Exception 1 expressly makes the sufficiency of the provocation a question of fact. The exception's legal conditions still determine which kinds of provocation can qualify.

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Option A

The Explanation expressly labels this inquiry a question of fact.

Option B

The legal conditions are stated by statute. The sufficiency inquiry identified here is expressly factual.

Option C

The Explanation expressly classifies the specified sufficiency inquiry as factual.

Option D

The statute does not presume that provocation was grave and sudden enough.

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