Site navigation

Under Exception 1 to section 101 of the Bharatiya Nyaya Sanhita, 2023, and subject to its provisos,…

Exception 1 applies when grave and sudden provocation deprives the offender of self-control and the offender kills the person who gave the provocation, or kills another…

Choose your answer

Under Exception 1 to section 101 of the Bharatiya Nyaya Sanhita, 2023, and subject to its provisos, which circumstance can reduce murder to culpable homicide not amounting to murder?

Select one answer
Answer and explanation

Correct answer A

Exception 1 applies when grave and sudden provocation deprives the offender of self-control and the offender kills the person who gave the provocation, or kills another person by mistake or accident. The provisos exclude provocation sought or deliberately induced as an excuse for harm, provocation arising from obedience to law or a public servant's lawful exercise of powers, and provocation arising from lawful private defence.

Option feedback

Option A

Correct. Under Exception 1 to Section 101 of the Bharatiya Nyaya Sanhita, 2023 (formerly Exception 1 to Section 300 of the Indian Penal Code, 1860), 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).

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 sufficient cooling time does not satisfy the requirement of loss of self-control from grave and sudden provocation.

Practice for these exams

Related exam syllabi

Related questions in this topic