SUDDEN PROVOCATION, RIGHT OF PRIVATE DEFENCE & CONSENT - DEFENCES TO THE CHARGE OF MURDER UNDER INDIAN PENAL CODE

 

SUDDEN PROVOCATION, RIGHT OF PRIVATE DEFENCE & CONSENT – DEFENCES TO THE CHARGE OF MURDER UNDER INDIAN PNAL CODE

SUDDEN PROVOCATION:

Sections 334 and 335 of IPC explain the sudden provocation.

Section 334 read thus, whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation shall  be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees or with both.

Section 335 read thus, whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation shall be punishable with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.

RIGHT TO PRIVATE DEFENCE

Sections 96 to 106 of IPC deals with right of private defence.

·         Sec.96: Things done in private defence.

·         Sec 97: Right of private defence of body or property

·         Sec 98: Right of private defence against the act of the person of unsound mind, etc.,

·         Sec 99: Acts against which there is no right of private defence. Extent to which the right may be exercised

·         Sec 100: When the right of private defence of the body extends to causing death.

·         Sec 101: When such right extends to causing any harm other than death.

·         Sec. 102: Commencement and continuance of the right of private defence of the body

·         Sec. 103: When the right of private defence of property extends to causing death

·         Sce 104: When such right extends to causing any harm other than death

·         Sec 105: Commencement andcontinuance of the right of private defence of property

·         Sec 106: Right of private defence against deadly assault when there is risk of harm to innocent person.

 

CONSENT

Section 90 of Indian penal code reads thus, a consent is not such a consent as is intended by any section of the code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or

If the consent is given by a person who, from unsoundness of mind, or intoxication is unable to understand the nature and consequence of that to which he gives his consent; or

Unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.