GRAVE AND SUDDEN PROVOCATION AS A MITIGATING FACTOR TO CRIMINAL LIABILITY UNDER INDIAN PENAL CODE
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DOI:
https://doi.org/10.55662/Abstract
In this work, we will try to examine the meaning of the term grave and sudden provocation and how it can be pleaded as a mitigating factor to criminal liability. The conditions of grave and sudden provocation by which the culpability be reduced under Indian Penal Code and to study up to what extent the provocation worked as a mitigating factor under different provisions of IPC. The grave and sudden provocation is not a complete defence.
The law of provocation mitigates the criminal liability but it depends upon the facts and circumstances of each case. What amounts to provocation is a question of fact and in catena of cases both Indian and common law Judiciary has very clearly set up certain standards and parameters to know whether there is provocation or not.
It is the cardinal principle of criminal jurisprudence that the culpability of the person is to be according to his mensrea.
In precise, what role played by judiciary by stating the circumstances under which an act be covered under the partial defence of grave and sudden provocation, its importance and with definitive conclusion and suggestions.
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