Exceptions 1 and 4 to 5.300 IPC
In Rakesh vs. State of
“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
