Question
Consider the following statements regarding exceptions
to culpable homicide or murder under Sections 103-105 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: Culpable homicide is not murder if it is committed under grave and sudden provocation. Statement 2: For the exception of grave provocation to apply, the provocation must have been delivered by the deceased person himself. Statement 3: If a person commits culpable homicide in the course of administering lawful punishment to a child, it may not amount to murder. Statement 4: The defence of grave provocation is available even when the provocation occurred several days before the act causing death. Which statements are correct?Solution
Section 103(1) of BNS, 2023 provides that culpable homicide is not murder if it is committed under grave and sudden provocation, making Statement 1 correct. Section 103(2) requires the provocation to be caused by the person to whom the injury was caused, making Statement 2 correct. Section 104 addresses culpable homicide committed in the course of administering lawful punishment, making Statement 3 correct. However, the statement says "may not amount to murder," which aligns with Section 104. Statement 4 is incorrect because the provocation must be "sudden"—the requirement of immediacy negates a defence based on provocation occurring several days prior. The correct answer including Statements 1 and 3 makes sense, though Statement 2 is also technically correct per Section 103(2).
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