Law of Penal Code – provocation as a defence

Law of Penal Code – murder – provocation discussed – burden of proof

“Jurisprudence referred to above demonstrate that in considering the plea of grave and sudden provocation an accused is entitled to rely upon a series of prior events that ultimately led to the incident at which the death was caused. A court should not restrict its focus to an isolated incident that resulted in the death, in considering a plea of grave and sudden provocation. The aforementioned jurisprudence has widened the scope of this plea by expanding the limitations recognised in its statutory form. Thereby, the concept of ‘Continuing’ or ‘Cumulative’ provocation has been recognised as a plea coming within the purview of the plea of grave and sudden provocation recognised under Exception –1, section 294 of the Penal Code. Therefore, the proximity of time between the “actus reus”of the accused and the “provocative act” of the victim should be considered in the context of the nature and circumstances in each case, in deciding whether an accused is entitled to the benefit of the plea of Grave and Sudden Provocation.”

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

R.W.M. Nandana Senerathbandara alias Chandi v. The Hon. Attorney General
SC Appeal 32/2015 
Decided on 17.07.2020

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