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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 of section 101 of the Bharatiya Nyaya Sanhita, 2023, classifies the sufficiency of grave and sudden provocation as a question of fact.

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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 prevent the offence from amounting to murder classified?

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Correct answer B

The Explanation to Exception 1 of section 101 of the Bharatiya Nyaya Sanhita, 2023, classifies the sufficiency of grave and sudden provocation as a question of fact.

Option feedback

Option A

The Explanation expressly classifies the sufficiency of the provocation as factual.

Option B

The Explanation assigns the fact finder the question of whether the provocation was sufficiently grave and sudden.

Option C

The Explanation specifically classifies this sufficiency question as one of fact.

Option D

The Explanation provides for a factual determination. It does not presume sufficient provocation.

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