New Enroll in RBI Grade B New Batch - Starts on May 21

    Question

    The plea of sudden and grave provocation under section

    300 Exception (1) of IPC is a
    A Question of Law Correct Answer Incorrect Answer
    B Question of fact Correct Answer Incorrect Answer
    C Mixed question of Law and Fact Correct Answer Incorrect Answer
    D Presumption under Law Correct Answer Incorrect Answer

    Solution

    Section 300 Exception (1) of the Indian Penal Code (IPC) provides for the defense of sudden and grave provocation in cases of murder. It states that culpable homicide is not murder if the offender is provoked to cause the death by sudden and grave provocation. The provocation must be sudden, meaning that there is no time for the offender to cool down, and it must be grave, meaning that it must be sufficient to cause a reasonable person to lose self-control. The plea of sudden and grave provocation under Section 300 Exception (1) of IPC is considered a question of fact. This is because it requires the court to determine whether the offender was actually provoked, whether the provocation was sudden and grave, and whether a reasonable person would have lost self-control in the same circumstances. A question of fact refers to a matter that can be determined by the evidence presented in a case. In contrast, a question of law refers to a matter that requires the interpretation and application of legal principles. A mixed question of law and fact involves applying legal principles to determine the facts of a case.

    Practice Next