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Subject to the proviso to Exception 1 to section 101 of the Bharatiya Nyaya Sanhita, 2023, culpable…

Exception 1 applies where grave and sudden provocation deprives the offender of self-control and the offender kills the provocateur or kills another person by mistake or…

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Subject to the proviso to Exception 1 to section 101 of the Bharatiya Nyaya Sanhita, 2023, culpable homicide is not murder if the offender, while deprived of self-control, kills the person who gave:

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Correct answer A

Exception 1 applies where grave and sudden provocation deprives the offender of self-control and the offender kills the provocateur or kills another person by mistake or accident. The proviso excludes provocation sought or voluntarily induced as an excuse for harm, provocation from lawful official action or compliance with the law, and provocation from the lawful exercise of private defence.

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Option A

Grave and sudden provocation can reduce the offence when it causes the loss of self-control and the statutory proviso is satisfied.

Option B

Incorrect. Voluntary self-intoxication is not one of the five exceptions to murder under Section 101 BNS; under Section 24 BNS (formerly Section 86 IPC), a voluntarily intoxicated person is dealt with as if he had the same knowledge as he would have had if he had not been intoxicated.

Option C

Incorrect. Mere 'irresistible impulse' (without unsoundness of mind satisfying Section 22 BNS / formerly Section 84 IPC) is neither a general defence nor an exception to murder under Section 101 BNS.

Option D

Calculated revenge after time to regain self-control does not satisfy the grave and sudden provocation exception.

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