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      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?
      A Statements 1 and 2 only Correct Answer Incorrect Answer
      B Statements 1 and 3 only Correct Answer Incorrect Answer
      C Statements 2 and 4 only Correct Answer Incorrect Answer
      D Statements 1, 2, and 4 only Correct Answer Incorrect Answer
      E Statements 1, 2, 3, and 4 only Correct Answer Incorrect Answer

      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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