Exception 1 to Section 300 (grave and sudden provocation) is unavailable if
AThe provocation occurs in a market
BThe accused is a male
CThe victim is older than the accused
DThe provocation is sought or voluntarily provoked by the offender; or given by anything done in obedience to law or by a public servant in lawful discharge of duty; or given in lawful private defence
Answer & Solution
Correct answer: D. The provocation is sought or voluntarily provoked by the offender; or given by anything done in obedience to law or by a public servant in lawful discharge of duty; or given in lawful private defence
The three provisos to Exception 1 limit the defence. K M Nanavati v State of Maharashtra (1962) is the classic authority on what counts as 'grave and sudden' — the lapse between provocation and act matters.
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