If a person commits murder he shall be punished with death or life imprisonment along with fine mentioned under Section 302 of Indian Penal Code. But if his act falls under exception of murder then his punishment shall be reduced and punished under Section 304 of Indian Penal Code.
But can a person wear the cloak of immunity against criminal liability? Yes, if the act of a person falls under Chapter IV of Indian Penal Code i.e. general exception then a person would be acquitted. But what happens if the act was done by grave and sudden provocation and falling under the purview of murder. Is he going to be punished for murder under Section 302 of Indian Penal Code or it is reduced to culpable homicide not amounting to murder and punishable under Section 304 of Indian Penal Code.
Grave and Sudden provocation will be taken into consideration if it’s essential requisite is fulfilled.
Essentials
When exception is not available –
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