Скачать или смотреть Exception 1 to Section 101, BNS [Murder]

Murder Exception 1 - Section 101 of the Bharatiya Nyaya Sanhita (BNS)

Overview-
Section 101 provides a defense against murder charges in situations of grave and sudden provocation leading to loss of self-control and causing death. However, this exception is subject to strict criteria.

Criteria for Exception 1
Voluntary Provocation: The provocation must not have been sought voluntarily by the offender as an excuse for causing harm.
Lawful Actions: It should not result from an act done in obedience to the law or by a public servant exercising lawful powers.
Exercise of Right of Private Defense: It should not arise from anything done in the exercise of the right of private defense.

Key Cases
1. KM Nanavati v. State of Maharashtra
Case Summary: The accused killed a person involved with his wife after discovering infidelity.
Court Ruling: Supreme Court rejected Exception 1 as the accused had time to regain self-control.

2. Hansa Singh v. State of Punjab
Case Summary: The accused witnessed a heinous act against his son, leading to provocation.
Outcome: Charged with culpable homicide not amounting to murder due to grave and sudden provocation.

3. Dattu Genu Gaikwad v. State of Maharashtra & Mannam Balaswamy v. State of Andhra Pradesh
Case Summary: Provocation lacked suddenness or served as an excuse for the crime.
Court Decision: Defense of grave and sudden provocation dismissed.

4. Bhura Ram v. State of Rajasthan
Case Summary: Accused sought the provocation actively.
Outcome: Plea of sudden and grave provocation rejected by the Supreme Court.

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