LIJDLR

K.M. NANAVATI V. STATE OF MAHARASHTRA: CRIMINAL APPEAL NO. 195 OF 1960

Yashika, University institute of legal studies, Panjab University, Chandigarh (India)

Yashdeep Kaur, University institute of legal studies, Panjab University, Chandigarh (India)

This analysis proposes a re-examination of the K. M. Nanavati case (AIR 1962 SC 605) which was based on the doctrine of the law, and it asks if the action of the accused in killing Prem Ahuja on April 27, 1959, with the Supreme Court delivering judgment on November 24, 1961, and asks whether the accused’s action could be properly mitigated from murder to homicide not amounting to murder. This study uses a targeted doctrinal methodology in the examination of the trial documents, such as the trial transcripts, the reference made by the High Court under the provisions of CrPC s. 307, as well as the Supreme Court Judgment, coupled with secondary sources. The purpose of this article is to provide a hermeneutic interpretation that is critically directed against the “reasonable person’ test as well as the immanence of passion as exemplified in the Supreme Court Judgment, in making the determination of the allotment of the burden as well as the doctrine of provocation. Some salient points that come out are that the Court insisted on a sufficiently proximate causal link between the provocation and the deadly act; it introduced an objective test which contained Exception 1; and its incursion into the jury verdicts triggered the eventual removal of juries in India. Towards the conclusion of the article, the case is considered in terms of its impact on the law of provocation and the relation between judicial review and executive clemency. The paper traces the evolution of the case through the narrating of the factual matrix, doctrinal review, and potential reforms.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 2364–2379.
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