Multiple choice

‘S’ is found in possession of property reasonably suspected to be stolen by him and is arrested by ‘P’, a police officer. ‘S’ is excited to sudden and violent passion by the arrest and fires at him but kills ‘D’ who was standing near ‘P’, neither intending nor knowing himself to be likely to kill ‘D’. This is

  1. culpable homicide not amounting to murder, because ‘S’ had been deprived of the power of self-control by grave and sudden provocation

  2. murder, because provocation was given by a thing done by a public servant in lawful discharge of his powers

  3. culpable homicide not amounting to murder, because the death of ‘D’ occurred by mistake or accident

  4. None of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

'S' fired at police officer 'P' lawfully exercising arrest powers, but killed bystander 'D'. Under Exception 1 to Section 300 IPC, provocation is NOT valid if given by a public servant exercising lawful power. Arrest by police officer is lawful exercise of power. Therefore, the provocation defense fails - this is murder, not culpable homicide not amounting to murder.

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