The Common Law in India - College of Social Sciences and ...

Criminal Law 155In India it is provided that liability will not attachfor the graver offence of murder to a person whocommits homicide whilst deprived of the power ofself-control by grave and sudden provocation andcauses the death of either the person who gave theprovocation or of any other person by mistake oraccident. Anything done by a public servant in thelawful exercise of his powers or by any person in thelawful exercise of the right to private defence willnot amount to provocation. Nor will a person whoseeks the provocation as an excuse for killing or doingharm to any person be protected on the ground ofthis exceptional liability. In England mere words orgestures not accompanied by anything of such aserious character as a blow will not be sufficient toreduce the crime to manslaughter. The authors ofthe Indian Code however refused to draw such adistinction stating that they greatly doubted whetherany good reason could be assigned for it. Theyobserved: " It is an indisputable fact that grossinsults by word or gesture have as great a tendencyto move many persons to violent passion as dangerousor painful bodily injuries; nor does it appear to usthat passion excited by insult is entitled to less indulgencethan passion excited by pain." x In Indianlaw provocation reduces liability not only in regardto homicide but also, in regard to lesser offences, likegrievous or simple hurt or assault, a lesser punishmentbeing awarded to the offender. The provocation has,however, in each case to be sudden and grave.i Ratanlal, op. cit., 18th ed., p. 728.