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Calling Wife Prostitute: Amounts to Culpable Homicide not Amounting To Murder,not murder -Supreme Court

Team SoOLEGAL 1 Jan 1970 5:30am

Calling Wife Prostitute: Amounts to Culpable Homicide not Amounting To Murder,not murder -Supreme Court

“The deceased provoked the accused by uttering the word ‘prostitute’. In our society, no lady would like to hear such a word from her husband. Most importantly, she would not be ready to hear such a word against her daughters. The incident is a result of a sudden and grave provocation by the deceased,”

– Supreme Court

The case dates back to 2002.  A woman in Ooty had killed her husband for calling her a ‘prostitute’.  The deceased husband had doubts on his wife having an illicit relationship with the co-accused, Nawaz.

On October 20, 2002, the couple had a major quarrel and the husband called his wife a “prostitute”. She was even accused of converting their daughter, who was just 17 years old, into a prostitute.

The prosecution said that during this whole time, Nawaz was in the house only. Listening to such grave words of the deceased, he came and tried to maintain some peace. He asked the husband not to fight with his wife and daughter.

When the husband was not willing to even listen to him, Nawaz slapped him. In rage, both, the accused (wife of the deceased) and Nawaz (co-accused)strangled the husband with the help of a towel. Both of them even burnt his body in order to conceal their crime.

The Supreme Court bench for the present case comprised of Justice MM Shantanagoudar and Justice Dinesh Maheshwari. They quashed the charges of ‘murder’ on the wife. The ground for this decision was that when a husband calls his wife a prostitute, it undoubtedly amounts to ‘sudden and grave provocation’. Such provocation has chances of a person losing on his/her vocal and mental control so much so that they commit the act of murder in rage.

Also calling a wife a prostitute is an exception under Section 300 of the Indian Penal Code (IPC) that accounts for murder.

Due to the nature of the provocation, the court ruled that the wife should be punishable for culpable homicide not amounting to murder, and not murder. It sentenced the woman and another co-accused to 10 years in jail. The minimum punishment for murder is life imprisonment

Tagged: Calling Wife Prostitute   Amounts to Culpable Homicide   Not Amounting To Murder.Supreme Court   Section 299   section 300   section 304   indian penal code  
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