Multiple choice

Fact: On A's reaching home after a long absence his wife confessed that she had developed intimacy with his friend and was carrying his child in her womb. A was shocked but did not display any external signs of his shock. However, he did neither eat nor drink anything nor talked to any one thereafter. Three hours after the incident, A drove his wife to her mother's house and left her there. From there he went to his friend's house and on his opening the door shot him without any argument. Can A successfully pleased grave and sudden provocation mitigation. Issue: Whether the accused is guilty of murder?

  1. The accused is guilty of murder because he can't take benefit of grave and sudden provocation because the provocation was grave but not sudden.

  2. The accused is guilty of culpable homicide.

  3. The accused is innocent.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

For the grave and sudden provocation defense to succeed, BOTH elements must be present: the provocation must be grave (serious) AND sudden (immediate reaction without time for reflection). Here, though the revelation was grave, A waited three hours without eating or drinking, then drove his wife to safety, THEN proceeded to the friend's house. This cooling period and calculated sequence shows the provocation was not 'sudden.' He had time to reflect, so he cannot claim this exception.

Keep practicing — related questions