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.
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