A is lawfully arrested by B, a bailiff. A is excited to sudden and violent passion by the arrest and kills B. Has A committed any offence?

Question: A is lawfully arrested by B, a bailiff. A is excited to sudden and violent passion by the arrest and kills B. Has A committed any offence? (110) [D.J.S. 1989, HRJS. 1995(I)]

Find the answer to the mains question only on Legal Bites. [A is lawfully arrested by B, a bailiff. A is excited to sudden and violent passion by the arrest and kills B. Has A committed any offence?]

Answer

The defence of grave and sudden provocation as used as an exception to section 300 of the code which provides that, Culpable homicide will not be murder, if, the offender, on account of the grave and sudden provocation, is deprived of his power of self-control and causes the death of a person. The person, whose death is caused, may be the person who gave the provocation or any other person by mistake or accident.

The exception is itself subject to three exceptions. Two relevant to the present facts are:

(1) The provocation should not have been sought voluntarily by the offender, as an excuse for killing or doing any harm to any person.

(2) The provocation is not as a result of an act done in obedience to law or by the act of a public servant in the lawful exercise of his powers.

The present facts of the case show that B, a bailiff was doing his act done in obedience to the law, being a public servant in the lawful exercise of his powers. So, A will not be given the right of defence under Exception 1 to section 300, IPC on account of the grave and sudden provocation. This is murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers. So, A is liable for culpable homicide amounting to murder under section 300.

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