• Are minor acts done out of 'prolonged and sustained' provocation acquitable of proved?

Is the principle of 'prolonged and sustained provocation' as opposed to 'grave and sudden provocation' recognized in Indian law? If so, in the case of chronic and long-drawn abusive situation, can minor acts (like retaliatory verbal abuse, minor hurt and property damage) done by a male victim be completely acquitted if 'prolonged and sustained provocation' is proved in the court of law, or, it only mitigates the sentence but not lead to complete acquittal. Pls clarify along with case laws, if any.
Asked 6 months ago in Criminal Law
Religion: Hindu

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11 Answers

You have to prove that your parents have subjected you to chronic and sustained abuse 

 

2) burden of proof is upon the complainant 

 

3) you can explain that retailatory verbal abuse was in response to sustained abuse 

 

4) gravity of the provocation can be assessed based on the cumulative effect of actions over a period, not just the immediate incident. 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

 

You have to suffer consequences  if you have hurt your parents and  damaged property 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

If this an actual query and not an academic one then give background facts.

Law operates in circumstances and not in vacuum. So without detailed information nu proper reply cna be given. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

The prolonged and sustained provocation of the adult son against the parents itself as the name suggests is a provocation beyond tolerance hence in defence if the parents retaliate by imposing strict economic restrictions besides other restrictions, they are well within their rights to protect their interests from the sustained provocation and prolonged attacks. 

If the parents decide to initiate legal action through senior citizen welfare act then the adult son will be liable for legal consequences for his admitted abusive and prolonged acts of causing mental as well as physical injuries to them even though it may be minor in his view.

If you have other view that you were subjected to tortures by not taking due care of your requirements, then also you cannot claim any relief for being an able adult to take care of yourself hence you don't have any rights to seek their assistance towards your maintenance nor you can be dependent on them at this stage of your life.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You have no rights to harm your parents for your own personal reasons even though you may consider it a minor act.

Law will not provide you any solution to wreak your personal vendetta against your parents 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

- If the said acts have done against a senior citizen parents/person then the Parent can file a complaint under the provision of Senior Citizens Act against even their children. 

- Further, if the parents doing harassment with their minor children , then the minor can take legal action against the parents even they are senior citizens. 

- Further, the minor has his legal right for protection and education from their parents as well under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

Indian law mainly recognizes "grave and sudden provocation" (Exception 1, Sec 300 IPC).
Prolonged/sustained provocation is not a full defence but may mitigate sentence, not lead to full acquittal.
Minor acts may attract reduced punishment, but not complete acquittal.
Case law: K.M. Nanavati v. State of Maharashtra (1962 AIR 605), SC discussed provocation limits.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

Defense of provocation can be claimed only be claimed if the reaction is instantly after the act provoked. If there is time gap between the act and reaction it will be considered as premediated ruling out defense of sudden provocation. 

It depends on how minor and how close to the reaction to the provocation. 

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

The same is not recognised in Indian law you need to bring the said offences under four corners of Indian law to make them responsible 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Dear Client,

The Indian courts have acknowledged the principle of sustained provocation in many cases and not just for battered women. It is imperative to note what the Madras High Court said in Suyambukkani, In re 1989 SCC OnLine Mad 481, para 21 where they judicially recognised the concept of sustained provocation in force as they believed the framers of the Penal Code envisioned this. They pointed out a cardinal difference between the Exception engraved in Section 300 and sustained provocation, as while the Exception talks about grave and sudden provocation, sustained provocation is a series of grave acts, grave in nature, endured over a certain period of time. Sustained provocation cannot be equated to sudden loss of impulse; rather, it must be understood how the final act worked. It was provided that sustained precaution was ejusdem generis with the other exceptions as ill-will and premeditation are absent.

Poovammal v. State 2012 SCC OnLine Mad 489, para 30 is another landmark judgment on the said issue which efficiently pointed out the essence of time in such matters. They opined that there might be times when the offender does not react at that particular time, but it lingers in his mind and continuously torment the person, which leads it all to erupt and, at one point, lose his self-control which might lead to the commission of the offence. It is that breaking point of the accused that makes him commit the murder of the deceased. 

As held in the case of Chervirala Narayan, In re, 1957 SCC OnLine AP 242, paras 16-19. When it comes to identifying whether the provocation was grave enough to push the accused at that stage, the previous acts committed by the deceased must be measured to understand whether they held the gravity to hold a negative impact on the accused or not.

Also in the case of Rajendran v. State of T.N., 1997 SCC OnLine Mad 191, para 38 the Court held that the defence should be allowed as the trigger and loss of self-control cannot be viewed independently; for that the acts which led up to the provocation must be taken into account.

Supreme Court of India's decision in the case of Dauvaram Nirmalkar v. State of Chhattisgarh 2022 SCC OnLine SC 955, focusing on the application of Exception 1 to Section 300 of the Penal Code, 1860, which reduces murder to culpable homicide when committed under grave and sudden provocation. The court examines the definition of provocation, emphasizing that it can stem from a series of acts or cumulative abuse, not just a single incident. Key considerations include whether the accused experienced a temporary loss of self-control and if their retaliation was proportionate to the provocation, assessed from the perspective of a reasonable person. Ultimately, the court modified Dauvaram Nirmalkar's conviction from murder to culpable homicide given the sustained provocation he endured from the deceased.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

 

Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

Dear Sir/Madam,

It is suggested that the every case depends on its facts and circumstances and the same are taken care of by the court during hearing. In a child is subjected to prolonged and sustained provocation, it may cause permanent injury in his mind and he may at any point of retailiate all the things done in past. But, this has to be examined carefully by the court while analysis of evidence produced before it. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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