provocation

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Provocation

Conduct by which one induces another to do a particular deed; the act of inducing rage, anger, or resentment in another person that may cause that person to engage in an illegal act.

Provocation may be alleged as a defense to certain crimes in order to lessen the severity of the penalty normally imposed. For example, provocation that would cause a reasonable person to act in a heat of passion—a state of mind where one acts without reflection—may result in a reduction of a charge of murder to a charge of voluntary Manslaughter.

provocation

in the criminal law, a doctrine that may mitigate an offence. It will reduce a charge of murder to manslaughter in England or to culpable homicide in Scotland. In the civil law in Scotland, provocation can reduce the damages payable for an assault in delict, but not in England for tort.

PROVOCATION. The act of inciting another to do something.
     2. Provocation simply, unaccompanied by a crime or misdemeanor, does not justify the person provoked to commit an assault and battery. In cases of homicide, it may reduce the offence from murder to manslaughter. But when the provocation is given for the purpose of justifying or excusing an intended murder, and the party provoked is killed, it is no justification. 2 Gilb. Ev. by Lofft, 753.
     3. The unjust provocation by a wife of her husband, in consequence of which she suffers from his ill usage, will not entitle her to a divorce on the ground of cruelty; her remedy, in such cases, is by changing her manners. 2 Lee,, R. 172; 1 Hagg. Cons. Rep. 155. Vide Cruelty; To Persuade; 1 Russ. on Cr. B. 3, c. 1, s. 1, page 434, and B. 3, c. 3, s. 1, pa e 486; 1 East, P. C. 232 to 241.

References in periodicals archive ?
Your provocative statement will not work, nor will the Soldiers in our Army follow your divisive diktats," Singh said in the tweet from his handle.
"The plan is based on providing financial support from the revenues and profits of some economic entities managed by the leaders of the group and provocative elements to target the state and its institutions," according to the statement.
She also questioned the "motivation to be provocative with the Iranians".
In an interview on the Greek radio station "Real FM", Katrougalos said that the accumulation of tension, produced by Turkey's provocative actions, raises the possibility for an incident in the Aegean.
Israeli police provided Glick and his entourage in their provocative tour of the holy place, particularly Bab al-Rahma area of the Mosque where tension has been high over the last week after hundreds of Palestinian worshippers broke a clock Israeli police had placed at a building by Bab al-Rahma and held prayers inside it for the first time since the area was closed to Muslim worshipping by Israeli authorities in 2003.
LAHORE -- An anti-terrorism court (ATC) on Wednesday handed over Tehreek-i-Labbaik Pakistan (TLP) chief Khadim Hussain Rizvi and three others, involved in a provocative speeches and ransacking case, to police on 20-day physical remand.
ATTOCK -- Police arrested senior JUI-F leader Mufti Kifayatullah for his alleged involvement in delivering a provocative speech.
Along with the ban on pillion riding for three days, there would also be ban on use of loudspeakers, carrying/processing of provocative audio/video cassettes/material, provocative speeches and inciting sectarian hatred and carrying/display of arms weapons during this period, says a notification.
The ban has also been imposed on the use of loud speakers, carrying/processing or playing of provocative audio/video cassettes/material provocative speeches and inciting sectarian hatred, and assembly of five or more persons except Chup Tazia Juloos and Rallies/gathering to be held in connection with Eid Miladun Nabi.
According to a notification issued by the provincial home department, the ban has been imposed on the use of loud speakers, pillion ridding, carrying, processing and playing of provocative audio, video cassettes, material provocative speeches and inciting sectarian hatred, and assembly of five or more people except Eid Milad rallies, gathering to be held in connection with Eid Miladun Nabi.
The ban has been imposed under Section 144 of the Criminal Procedure Code (CrPC), under which the 'use of loudspeakers, pillion riding, carrying or possessing or playing of provocative audio, video cassettes and material containing provocative speeches and inciting sectarian hatred and the assembly of five or more persons except for Chup Tazia Juloos and rallies and gatherings to be held in connection with Eid Miladun Nabi.'
The ban has been imposed under Section 144 of the Criminal Procedure Code, under which the "use of loudspeakers, pillion riding, carrying or possessing or playing of provocative audio, video cassettes and material containing provocative speeches and inciting sectarian hatred and the assembly of five or more persons except for Chup Tazia Juloos and rallies and gatherings to be held in connection with Eid Miladun Nabi.