The Construction of the Grave and Sudden Provocation in Bangladesh: Law, Colonialism, and Male Control Over the Female Body

ABSTRACT: This article explores judicial constructions of the doctrine of grave and sudden provocation through an examination of leading cases concerning killing of women. It is one of the principles of the Indian Penal Code of 1860, which allows an indeterminate scope for an offender to seek a murderous act as provoked by the person killed and, subsequently, to qualify for lesser punishment. It appears, however, that there exist significant differences in the understanding and construction of what constitute a grave and sudden provocation, and the court is exercising commendable discretion to determine the gravity of the claimed provocation. A key question, therefore, what constitutes a grave and sudden provocation —or more specifically, how do Bangladeshi courts determine the gravity of a claimed provocation? Relatedly, how do courts assess the state of the accused’s mind to conclude provocation? These are the issues this article investigates. We suggest that the postcolonial understanding and construction of the doctrine of grave and sudden provocation in South Asia is based on the premise set by colonial courts and by the House of Lords, which defined murder. Further, it is insisted in this article that the chaotic court’s decisions in this regard not only have empowered a man to kill a woman but also contributed to legal extension of male control and domination over the women’s body.