Site navigation

Under the Bharatiya Nyaya Sanhita, 2023, A gives C grave and sudden provocation. While deprived of…

Section 101, Exception 1 and illustration (a), of the Bharatiya Nyaya Sanhita, 2023 address this distinction. Grave and sudden provocation can reduce culpability if the…

Choose your answer

Under the Bharatiya Nyaya Sanhita, 2023, A gives C grave and sudden provocation. While deprived of self-control, C deliberately kills A’s child B, who gave C no provocation. How is the killing classified?

Select one answer
Answer and explanation

Correct answer A

Section 101, Exception 1 and illustration (a), of the Bharatiya Nyaya Sanhita, 2023 address this distinction. Grave and sudden provocation can reduce culpability if the accused kills the person who gave it or kills another person by mistake or accident.

C intentionally killed B, who did not give the provocation. The killing therefore remains murder.

Option feedback

Option A

C intentionally killed a person who gave no provocation. The provocation exception does not cover that killing.

Option B

The exception can extend to a different victim killed by mistake or accident. C deliberately killed B.

Option C

Provocation is a qualified mitigation of murder. It does not excuse this killing.

Option D

C deliberately killed B, so the facts do not describe a death caused by rashness or negligence.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic