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    Criminal Law Ii - Synopsis

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    Ronak Patidar
    This document provides a synopsis for a project analyzing decisions from the Bombay High Court in 2017 regarding the exception of sudden fight to murder under the Indian Penal Code. The project aims to understand the essential requirements for sudden fight as a partial defense, distinguish it from other defenses, and examine how the Bombay High Court has applied it. The hypothesis is that sudden fight implies mutual provocation and blows on both sides, and is available when death results from a sudden fight without premeditation or undue cruelty.

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    Criminal Law Ii - Synopsis

    Uploaded by

    Ronak Patidar
    37 views2 pages
    This document provides a synopsis for a project analyzing decisions from the Bombay High Court in 2017 regarding the exception of sudden fight to murder under the Indian Penal Code. The project aims to understand the essential requirements for sudden fight as a partial defense, distinguish it from other defenses, and examine how the Bombay High Court has applied it. The hypothesis is that sudden fight implies mutual provocation and blows on both sides, and is available when death results from a sudden fight without premeditation or undue cruelty.

    Original Title

    CRIMINAL LAW II - SYNOPSIS

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    This document provides a synopsis for a project analyzing decisions from the Bombay High Court in 2017 regarding the exception of sudden fight to murder under the Indian Penal Code. The project aims to understand the essential requirements for sudden fight as a partial defense, distinguish it from other defenses, and examine how the Bombay High Court has applied it. The hypothesis is that sudden fight implies mutual provocation and blows on both sides, and is available when death results from a sudden fight without premeditation or undue cruelty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views2 pages

    Criminal Law Ii - Synopsis

    Uploaded by

    Ronak Patidar
    This document provides a synopsis for a project analyzing decisions from the Bombay High Court in 2017 regarding the exception of sudden fight to murder under the Indian Penal Code. The project aims to understand the essential requirements for sudden fight as a partial defense, distinguish it from other defenses, and examine how the Bombay High Court has applied it. The hypothesis is that sudden fight implies mutual provocation and blows on both sides, and is available when death results from a sudden fight without premeditation or undue cruelty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CRIMINAL LAW II: PROJECT SYNOPSIS

    “SUDDEN FIGHT AS AN EXCEPTION TO MURDER:

    ANALYSIS OF DECISIONS OF BOMBAY HIGH COURT FOR

    THE YEAR 2017”

    Ronak Patidar
    2018BALLB93

    INTRODUCTION

    Indian Penal Code provides five partial defences to liability of murder which are (i) Grave
    and sudden provocation (ii) Excessive private defence (iii) Public servant exceeding his
    power (iv) Sudden Fight (v) Consent. Exception 4 to section 300 was envisaged by the
    drafters of the Code to apply to cases where, irrespective of the cause of the fight, the
    subsequent conduct of both parties put them on an equal footing with respect to blame
    because there will be blows on each side. The researcher tries to study the essential ingredient
    of Exception of Sudden Fight while distinguishing it from other Exception. Subsequently, the
    researcher analyses judgments of Bombay High Court of year 2017 concerning exception of
    sudden fight.

    STATEMENT OF PROBLEM

    The element or basis of the defence has been clear from the beginning and it has not changed.
    It is the application that give cause for concern.

    OBJECTIVES OF STUDY

     To understand essential requirements for the partial defence of sudden fight.


     To discover the basis for the partial defence of sudden fight in light of other partial
    exceptions to murder.
     To discuss the application of sudden fight by analysing judgment of Bombay High
    Court of year 2017.
    HYPOTHESIS

    The rationale of sudden fight is that both victim and offender are equals in wrongdoing. It
    implies mutual provocation and blows on each side. Sudden fight has application beyond the
    reach of provocation i.e., when blows are from both sides. Whosoever may have started, but
    if the other had not aggravated, it would not have resulted in death. The partial defence of
    sudden fight is available when death is caused in a sudden fight, without premeditation (in the
    heat of passion), and in absence of undue advantage or cruelty by offender.

    RESEARCH QUESTIONS

     What are the essential requirements of an exception of sudden fight?


     What is the rational behind sudden fight and how does its application differ from
    provocation?
     How Bombay High Court has applied scheme of partial defence of sudden fight to the
    facts?

    CHAPTERIZATION

    I. INTRODUCTION
    II. DEFENCE OF SUDDEN FIGHT
    1. Sudden Fight
    2. Premeditation
    3. Undue advantage or acting in a cruel or unusual manner
    III. RATIONAL BEHIND RETENTION OF SUDDEN FIGHT
    IV. CASE ANALYSIS

    CONCLUSION

    BIBLIOGRAPHY

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