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Under Exception 1 to section 101 of the Bharatiya Nyaya Sanhita, 2023, how is the question whether the…

The Explanation to Exception 1 expressly classifies the sufficiency of grave and sudden provocation as a question of fact. The court applies the statutory exception and its…

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Under Exception 1 to section 101 of the Bharatiya Nyaya Sanhita, 2023, how is the question whether the provocation was grave and sudden enough to reduce the offence treated?

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Answer and explanation

Correct answer C

The Explanation to Exception 1 expressly classifies the sufficiency of grave and sudden provocation as a question of fact.

The court applies the statutory exception and its qualifications when assessing the facts.

Option feedback

Option A

The explanation directs a factual inquiry and creates no presumption.

Option B

The statute supplies the legal test. It classifies the sufficiency of provocation as a factual question.

Option C

The explanation expressly treats the sufficiency of the provocation as a question of fact.

Option D

The explanation uses the specific classification question of fact for this determination.

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