In this article you will learn about the Difference Between Grave and Sudden Provocation and Sudden Fight in IPC.
Grave and Sudden Provocation
In the Indian Penal Code (IPC), "grave and sudden provocation" is a legal concept that can be used as a defence against charges of certain offences, such as murder or culpable homicide not amounting to murder. It is exception 1 of section 300 i.e. Murder that means culpable homicide does not amount to murder – “Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.” Grave and sudden provocation refers to a situation where a person commits an offence in the heat of passion caused by a provocation that is both grave (serious) and sudden. It means that the provocation must be so severe that it momentarily deprives the person of their self-control and leads them to commit an unlawful act in the heat of the moment. Here the death may be caused to the person who gave the provocation or any other person by mistake or accident.
Illustration
A gives grave and sudden provocation to B. B, on this provocation, fires a pistol at A, neither intended nor knowing himself likely to kill C, who is near him, but of his sight. B kills C. Here B has not committed murder, but merely culpable homicide.
Case law
K. M. Nanavati vs State of Maharashtra 1961 SC
Sudden Fight
"Sudden fight" in the Indian Penal Code (IPC) is a term used to describe a situation where a fight or altercation breaks out unexpectedly, without any premeditation or prior intention. It is relevant in cases involving offences such as culpable homicide not amounting to murder or causing hurt. Under the IPC, if two or more individuals engage in a sudden fight and someone is killed, the person responsible for the death may be charged with culpable homicide not amounting to murder, which carries a lesser punishment compared to murder. It is exception 4 of section 300 – “Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.”
Illustration
A and B came in front of each other in the market by coincidence and started fighting to settle their score in earlier fights. Sudden fight causes the death of B. Here A has committed the offence of culpable homicide.
Case law
Narayanan Nair Raghavan Nair vs The State of Travancore-Cochin 1955 SC
| GRAVE AND SUDDEN PROVOCATION | SUDDEN FIGHT |
|---|---|
| Exception 1 of Section 300 | Exception 4 of Section 300 |
| When the person loses his self-control by the grave and sudden provocation and causes the death of the person who gave the provocation or causes the death of any person by mistake or accident. | In the heat of passion without any planned cause the death of a person arising from a sudden quarrel. |
| Death - The person who gave the provocation or any other person by mistake or accident. | Sudden fight must be with the person killed in order to cover the case within the ambit of this exception. |
| Total deprivation of self-control. | Heat of passion |
| It is an important fact that which party has assaulted first. | It is immaterial in such cases which party offers the provocation or commits the first assault. |
Conclusion
Grave and sudden provocation deals with an individual's loss of self-control due to a severe provocation, while a sudden fight involves an impromptu physical confrontation between multiple parties. Both concepts can potentially impact the level of criminal liability in cases involving death or bodily harm, leading to reduced charges under certain circumstances.
This article on Difference Between Grave and Sudden Provocation and Sudden Fight in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.