Delhi APO 2005

Which one of the following statements is correct? Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a

Verified Answer
A. question of fact
B. question of law
C. presumption under the law
D. mixed question of fact and law

Explanation:

The determination of whether provocation was grave and sudden enough to prevent an offence from amounting to murder (under Exception 1 to Section 300 IPC) is a question of fact. It depends on the specific circumstances of each case, the nature of the provocation, and the reaction of the accused, which are all factual inquiries.