SUDDEN FIGHT AS AN EXCEPTION TO THE CHARGE OF MURDER IN THE INDIAN PENAL CODE

Abstract

Sudden fight is one of four partial defences to murder in the Indian Penal Code. It was an addition which lacks the qualifying provisos and illustrations that constrain applications of the defences of provocation and excessive force in private defence. A survey of decisions of Indian Supreme Court suggests that sudden fight has the potential to subvert the principled limits that constrain the other partial defences. Sudden fight has no equivalent in other Commonwealth jurisdictions. It can be argued that it is an anachronism that should be eliminated from the law of murder in India. This research paper argues in favour of its retention.