X and Y were married against their wishes. Y, the wife was in love with her school friend, W. X noted…
Under Exception 1 (grave and sudden provocation) to Section 101 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 300 IPC), culpable homicide is not murder only if the…
Choose your answer
X and Y were married against their wishes. Y, the wife was in love with her school friend, W. X noted that even after marriage Y maintained her relations with W. He came to their house in the absence of X and spent hours together. Frustrated, X decided to change his village and moved away. He took a job in a faraway place and settled there with his wife. Almost six months after the incident, once when he was returning, he saw W coming out of his house. The next day, after procuring a weapon and going to W's workplace, X attacked W and caused his death.
Answer and explanation
Correct answer B
Under Exception 1 (grave and sudden provocation) to Section 101 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 300 IPC), culpable homicide is not murder only if the offender is deprived of the power of self-control by grave and sudden provocation and causes death before there is time for passion to cool (K.M. Nanavati v. State of Maharashtra, AIR 1962 SC 605). Because X waited until the next day, procured a weapon, and went to W's workplace to kill him, there was sufficient cooling-off time and premeditation, excluding Exception 1; therefore, "X is liable for murder" under Section 101 read with Section 103(1) BNS.
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