Grave And Sudden Provocation: Revisiting R V. Ahluwalia - Implementation Of A New Exception
- IJLLR Journal
- Jul 15, 2022
- 1 min read
Grave And Sudden Provocation: Revisiting R V. Ahluwalia - Implementation Of A New Exception Under Section 300 And Defence Of BWS
Dhruv Mehta, BBA.LLB, O.P. Jindal Global Law School, India
ABSTRACT
Battered Woman Syndrome (BWS) introduced by Lenore Walker in the 1970’s helps explain the psychological state of battered women and why such women face a slow burn reaction. This article helps explain why BWS be included under the Indian Penal Code, 1860. It is further proposed that the present exception of grave and sudden provocation be retained, and a new exception of sustained provocation be created. The inclusion of sustained provocation would help the cause of battered women. The article concludes with a proposal for creating a new exception under §300 of IPC.
Keywords: Battered Woman Syndrome, Grave and Sudden Provocation, Section 300 of the Indian Penal Code, 1860, new exception, R v. Ahluwalia
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