Multiple choice

Fact: The deceased Sabir and the accused Akhtar were two brothers who lived in two parts of the same house while their parents and other brother lived at some distance in the same street. Sabir and his wife Chhoti were people of bad temper and quarrelsome nature. One day, Chhoti was quarrelsome with other members of the family who had come to visit Akhtar. In the meanwhile Sabir came home and abused everyone there. He used highly objectionable language against his own father as well as against Akhtar, in the presence of his two other brothers, mother and other neighrbours. Akhtar was provoked by such vulgar language but still kept quiet. Sabir to teach Akhtar a lesson, grappled him and in the fight Akhtar struck Sabir twice with his knife. Issue: Whether Akhtar acted under grave and sudden provocation and thus entitled to benefit of Exception I to Section 300?

  1. He is guilty of murder as he can't be benefited with the exception of grave and sudden provocation.

  2. He is not guilty of murder as his situation is covered under the exception of grave and sudden provocation.

  3. He is guilty of culpable homicide.

  4. He is guilty of causing grievous hurt.

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Exception 1 to Section 300 IPC covers cases where the offender acts under grave and sudden provocation, depriving them of self-control. Here, Sabir used highly objectionable language against his own father and Akhtar in the presence of family and neighbors - this is grave provocation. Akhtar initially kept quiet but when Sabir grappled him physically, he reacted. The provocation was both grave (abusing parents) and sudden (immediate physical confrontation).