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Exceptions 1 and 4 to 5.300 IPC

N.K.Assumi ,
  21 July 2010       Share Bookmark

Court :
Supreme court.
Brief :
Exceptions 1 and 4 to 5.300 IPC
Citation :
Rakesh vs. State of M.P,

Exceptions 1 and 4 to 5.300 IPC

In Rakesh vs. State of M.P, Cr. Appeal No. 287 of 2008, the Supreme Court compared Exception 1 and Exception 4 thus:-

 

“While in the case of Exception 1 there deprivation of self control, in case of Exception 4, there is only that heat of passion which clouds men’s sober reason and urges them to deeds which they would not otherwise do. There is provocation in Exception as in Exception 1; but the injury done is not the direct consequence of that provocation.” Analyzing Exception 4 the court reiterated thus:-

“The help of Exception 4 can be invoked if death is caused (a) without premeditation; (b) in a sudden fight; (c) without the offender having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed.”

[Rakesh vs. State of M.P, Cr. Appeal No. 287 of 2008, decided on February 11,2008].

 
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Published in Criminal Law
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