Supreme Court Clarifies When ‘Sudden & Grave Provocation’ Reduces Murder To Culpable Homicide

Supreme Court Clarifies When ‘Sudden & Grave Provocation’ Reduces Murder To Culpable Homicide

  • Case Name: Vijay @ Vijayakumar v. State represented by Inspector of Police
  • Judge(s): J.B. Pardiwala and R. Mahadevan

The Supreme Court ruled that not every sudden provocation reduces murder to culpable homicide.

The appellant struck the deceased with a cement brick after an altercation, While lower courts & High Court applied Exception 1 of Sec- 300 of IPC 

The Bench disagreed with the opinion and stated that both suddenness and graveness are essential for provocation to apply.

They outlined three key factors: (a) Provocation Must Be Unexpected and Immediate. (b) Objective Test of a 'Reasonable Man' (c) Loss of Self-Control Must Be Evident

The SC applied Exception 4 (sudden fight without premeditation)  to this case, noting the appellant acted impulsively without a weapon, resulting in a reduced sentence of time already served.

Supreme Court Order / 5 months ago

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