Grave and Sudden Provocation: Revisiting R. v. Ahluwalia – Implementing a New Exception Under Section 300 of the Indian Penal Code and the Defence of the Battered Woman Syndrome

Abstract

AbstractLenore Walker introduced the concept of battered woman syndrome in the 1970s, which helps explain the psychological state of battered women and why such women face a slow-burn reaction. This article helps explain why battered woman syndrome must be included under the Indian Penal Code, 1860. It is further proposed that the present exception of a grave and sudden provocation be retained, and a new exception of sustained provocation be created under the Indian Penal Code. 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 the Indian Penal Code.