K.M. Nanavati v. State of Maharashtra: If an accused pleads an exception under the IPC, then there is a presumption against him and the burden to rebut the presumption lies on him.
The SC also gave a test of grave and sudden provocation:
(i) Whether a reasonable man, belonging to the same class as the accused and placed in the same situation would be provoked in the same way to lose his self-control
(ii) Words and gestures may also amount to grave and sudden provocation in certain cases
(iii) Mental background created by the victim may also be taken into consideration
(iv) The fatal blow should be clearly traced to the influence of passion arising from the provocation and not after the passion had cooled down by lapse of time, or otherwise giving room and scope for premeditation and calculation.
Source: Lawctopus
